03-09-10 Agenda PacketCITY OF RICHFIELD, MINNESOTA
TUESDAY, MARCH 9, 2010
SPECIAL CITY COUNCIL WORKSESSION
CITY HALL COUNCIL CHAMBERS
6700 PORTLAND AVENUE
6:00 P.M.
AGENDA
Call to order
Roll call
1. Demonstration of new Supervisory Control and Data Acquisition (SCADA) .utility system
and discussion of possible capital investments at water treatment plant (Council Memo
No, 35)
Notes:
Adjournment
REGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS
6700 PORTLAND AVENUE
7:00 P.M.
AGENDA
INTRODUCTORY PROCEEDINGS
Call to order
Roll call
Open forum (15 minutes maximum) -
Each speaker is to keep their comment period to three minutes to allow sufficient time for
others. Comments are to be an opportunity to address the Council on items not on the agenda.
Individuals who wish to address the Council must have registered prior to the meeting.
Notes:
Pledge of Allegiance
Approval of minutes of (1) Special City Council Worksession of February 23, 2010 and (2)
Regular City Council Meeting. of February 23, 2010
COUNCIL DISCUSSION
1. Council discussion
• Hats Off to Hometown Hits
Notes:
AGENDA APPROVAL
2. Council approval of agenda
CONSENT CALENDAR
3. Consent Calendar contains several separate items, which are acted upon by the City
Council in one motion. Once the Consent Calendar has been approved, the individual
items and recommended actions have also been approved. No further Council action is
necessary. However, any Council Member may request that an item be removed from the
Consent Calendar and placed on the regular agenda for Council discussion and action.
All items listed on the Consent Calendar are recommended for approval.
A. Consideration of approval of resolution authorizing Trailway Cooperative Agreement
between Three Rivers Park District and City of Richfield for construction, easement
rights, maintenance and use of Nine Mile Creek Regional Trail associated with
Edina-Richfield Interceptor Improvement Project S.R. No. 37
B. Consideration of approval of scheduling public hearing on April 13, 2010 regarding
issuance of new on-sale wine and 3.2 percent malt liquor licenses for Joy's Pattaya
Thai Kitchen, 7545 Lyndale Avenue S.R. No. 38
C. Consideration of approval of amendment to Metropolitan. Council Family Affordable
Housing Cooperation Agreement to convert ten Family Affordable Housing Program
units located in Richfield to project based Section 8 units S.R. No. 39
Notes:
4. Consideration of items, if any, removed from Consent Calendar
Notes:
PROPOSED ORDINANCE
5. Consideration of second reading of ordinance amending Section 210.01 related to City
Council salaries
Staff Report No. 40
Notes:
RESOLUTION
6. Consideration of resolution calling for public hearing on April 27, 2010 to consider
modification to Redevelopment Plan for Richfield Redevelopment Project Area and
proposed establishment of 2010-1 Housing-Tax Increment Financing District relating to
development of 90-unit market rate housing development with affordable component at
6401 Lyndale Avenue (Woodlake Plaza)
Staff Report No. 41
Notes:
OTHER BUSINESS
7. Consideration of selection of railing type for installation on Portland Avenue bridge over
Trunk Highway 62 as part of Mn/DOT 2010 rehabilitation project
Staff Report No. 42
Notes:
8. Consideration of purchase of injection equipment and chemicals from JRK Seed to
initiate tree injection program to prevent spread of oak tree disease (Two Lined
Chestnut Borer) in Augsburg Park for approximate amount of $21,000
Staff Report No. 43
Notes:
9. Consideration of resolution adopting Emerald Ash Borer removal/treatment policy
Staff Report No. 44
Notes:
CITY MANAGER'S REPORT -
10. City Manager's report
Notes:
11. Claims and payrolls -
Open forum (additional 15 minutes if more time needed after first Open Forum and by
majority vote of the City Council)
Each- speaker is to keep their comment period to three minutes to allow sufficient time for
others. Comments are to be an opportunity to address the Council on items not on the agenda.
Individuals who wish to address the Council must have registered prior to the meeting.
Notes:
12. Adjournment
Auxiliary aids for individuals with disabilities are available upon request. Requests must be
made at least 96 hours in advance to the City Clerk at 612-861-9738.
J
CALL TO ORDER
CITY COUNCIL MINUTES
Richfield, Minnesota
Special Worksession
February 23, 2010
The meeting was called to order by Mayor Goettel at 6:00 p.m.
ROLL CALL
Council Members
Present: Debbie Goettel, Mayor; Pat Elliott; Fred Wroge; Sue Sandahl; and Tom
Fitzhenry.
Staff Present: Steven L. Devich, City Manager; John Stark, Community Development
Director; Frank White, Acting Recreation Services Director; MaryKaye
Champa, Recreation Supervisor & Arts Commission Liaison; and Cheryl
Krumholz, Recording Secretary.
Item #1 DISCUSSION REQUESTED BY CITY OF RICHFIELD ARTS COMMISSION
REGARDING COMMISSION'S STRATEGIC PLAN (COUNCIL MEMO NO. 23)
Arts Commission members Ron Wilson, Judy Goebel, Debra Caserotti, and Jackie Mihalik
discussed the commission's strategic plan including values, findings, recommendations, and
infrastructure and administrative goals.
Acting Recreation Services Director White discussed the status of the Arts Center and
participation in art classes, including more collaboration with Richfield Community Education and
City classes and improving cooperative efforts with the Richfield School District. The cost of
marketing and communication options is challenging.
Mr. Wilson suggested expanding communication efforts to Bloomington and Edina.
Council Member Wroge stated he did not support using Richfield funds to reach non-
Richfield resident participants. The Richfield School District and Academy of Holy Angels should
supply space for classes on an on-going basis because they already have maintenance staff
already there.
Special Worksession Minutes -2- February 23, 2010
Mayor Goettel stated she is not against trying to reach non-Richfield participants.
Council Member Wroge suggested the Arts Commission become a separate entity from a
City commission so they are eligible for grants.
Mr. Wilson stated changing to a 501 3(c) organization has been considered.
Mayor Goettel discussed the Richfield Foundation.
Council Member Sandahl said those receiving mailings outside of Richfield would pay a fee
to be on the list so there would be no cost to Richfield.
Council Member Sandahl encouraged the commission to consider enhancing the sculpture
gardens in Richfield to promote the City.
City Manager Devich stated the City needs to reduce the budget due to the State aids
unallotment so a line item in the budget for commissions is not possible.
Acting Recreation Services Director White encouraged the commission to seek other
funding sources and also volunteers outside the commission to help with promoting the
commission at various events.
Item #2 DISCUSSION REQUESTED BY RICHFIELD CHAMBER OF COMMERCE
REGARDING CHAMBER'S PROPOSED PRINCIPLES OF REDEVELOPMENT
The Richfield Chamber of Commerce representatives, Steve Lindgren, President, and Tim
Carter, 2010 Board Chair, reviewed the Chamber's Principles of Redevelopment.
Mr. Lindgren requested the HRA consider a similar discussion with the Chamber.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 6:55 p.m.
Date Approved:
Debbie Goettel
Mayor
Cheryl Krumholz
Recording Secretary
Steven L. Devich
City Manager
J
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
February 23, 2010
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:00 p.m.
ROLL CALL
Members Present: Debbie Goettel, Mayor; Sue Sandahl; Pat Elliott; Fred Wroge (left at 8:10
p.m.); and Tom Fitzhenry.
Staff Present: Steven L. Devich, City Manager; John Stark, Community Development
Director; Mike Eastling, Public Works Director; Barry Fritz, Public Safety
Director; Brad Sveum, Fire Services Director; Chris Regis, Finance
Manager; Pam Dmytrenko, Assistant to the City Manager; Linda
Thompson, Assistant City Attorney; and Cheryl Krumholz, Recording
Secretary.
OPEN FORUM
None.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Goettel led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
Council Meeting Minutes -2- February 23, 2010
M/Sandahl, S/Fitzhenry to approve the minutes of (1) Regular City Council Meeting of
January 26 2010 (2) Special City Council Worksession of February 9,2010; and (3) Regular City
Council Meeting of February 9, 2010.
Motion carried 5-0.
Item #1 PRESENTATION OF PROCLAMATION DESIGNATING FEBRUARY 23, 2010
AS ROTARY DAY IN RICHFIELD
Mayor Goettel presented a proclamation to Jay Clark and Sally Parker designating
February 23, 2010 as Rotary Day in Richfield.
Item.#2 PRESENTATION OF PENN CENTRAL ANNUAL REPORT 2009 (COUNCIL
MEMO NO. 22)
Marv Menzel, Pickin' Parlor, presented the Penn Central Annual Report 2009.
Council Member Wroge expressed concern regarding the area's name change to "Penn
Central".
Mr. Menzel explained the process used to determine the identity of the area.
Item #3 COUNCIL DISCUSSION
• HATS OFF TO HOMETOWN HITS
Council Member Fitzhenry reported a webcam is on the City's website to view construction
of the Municipal Center.
Council Member Sandahl announced two upcoming public open houses regarding
proposed bike routes on the east and west side of Richfield.
Council Member Wroge stated he would be leaving the meeting early.
Council Member Elliott provided an update on the Richfield residents who are participants
on the Biggest Loser television show.
City Manager Devich introduced Linda Thompson, Assistant City Attorney, from Kennedy &
Graven.
City Manager Devich discussed the impacts of the Governor's proposed unallotment of
state aid in 2010. He also stated he will be preparing various scenarios to present to the City
Council on how to handle the impacts.
Council Meeting Minutes -3- February 23, 2010
Item #4 COUNCIL APPROVAL OF AGENDA
Mayor Goettel removed Item #5A from the Consent Calendar and moved it to Item #6 for
separate consideration.
M/Wroge, S/Sandahl to approve the agenda as amended.
Motion carried 5-0.
Item #5 CONSENT CALENDAR
A. Item was removed from the Consent Calendar to be considered separately as Item #6.
B. Consideration of approval of first reading of ordinance amending Section 210.01 related to
City Council salaries and schedule second reading for March 9, 2010 S.R. No. 31
C. Consideration of approval of resolution authorizing reimbursement for 2010 alley paving
project S.R. No. 32
RESOLUTION NO. 10346
DECLARING THE OFFICIAL INTENT OF THE CITY OF RICHFIELD
TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS
OF BONDS TO BE ISSUED BY THE CITY
This resolution appears as Resolution No. 10346.
D. Consideration of approval of bid minutes/tabulation and award of contract to Ron Kassa
Construction, Inc. for 2010 concrete alley construction in amount of $144,657 S.R. No. 33
E. Consideration of approval of purchase of two unmarked Public Safety vehicles from Thane
Hawkins Polar Chevrolet in amount of $34,674.40, plus tax and license fees S.R. No. 34
M/Sandahl, S/Wroge to approve the Consent Calendar as amended.
Motion carried 5-0.
Item #6 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT
CALENDAR
Former Item #5A -Consideration of approval of first reading of transitory ordinance
providing for expenditure of funds from Special Revenue Fund for certain capital
improvements and scheduling public hearing and second reading for March 23, 2010 S.R.
N o. 30
Council Member Wroge stated he is not against the skatepark but due to the financial issues
facing the City, he could not support the expenditure of funds for this capital improvement. He
expressed concern of sending the wrong message to the community and suggested paying down
the existing debt service.
Council Meeting Minutes -4- February 23, 2010
City Manager Devich explained the City Charter established that liquor projects can only be
used on Special Revenue capital improvements, not for operating costs. The Community Services
Commission will be discussing the transfers in March, and since there is no time sensitivity, the City
Council could postpone action until the Community Services Commission's review and
recommendation.
Council Member Sandahl stated the skatepark was delayed last year because of funding
and she believed it was unconscionable to fund some sports and not others as recreational
opportunities for Richfield youth.
Mayor Goettel agreed with Council Member Sandahl and added the skatepark use is free
and the youth want it.
Council Member Elliott expressed support for the skatepark but expressed some concern for
initiating a new project instead of paying on debt service.
Council Member Fitzhenry questioned other costs related to the skatepark that may be
incurred.
M/Sandahl, S/Goettel to remove this item from the agenda and consider it again after the
Community Services Commission's review.
Motion carried 5-0.
Item #7 CONSIDERATION OF BID MINUTES/TABULATION AND AWARD OF
CONTRACTS AS RECOMMENDED BY STAHL CONSTRUCTION FOR NEW
RICHFIELD MUNICIPAL CENTER S.R. NO. 35
Council Member Elliott presented Staff Report No. 35.
City Manager Devich discussed the capital infrastructure costs related to building a new
Dispatch Center in the Municipal Center. He also explained the Dispatch options, including going to
the Hennepin County Dispatching Center and the decision-making timeframe. Hennepin County
could not provide the same level of service but it is a front-end capital investment to be decided.
City Manager Devich discussed the additional costs (Orfield Laboratories consulting, audio-
visual design, some FF&E) already needed from other funding services, including the pension fund.
It would be a City Council policy decision to review drawing down other cash balances.
Council Member Wroge suggested that to retain our staff, other cities should be asked about
coming to Richfield for dispatch services and charging them to recoup costs.
Mike Klass, Wold Architects, stated accommodating the extra space needed for a larger
Dispatch Center would be challenging.
Council Member Fitzhenry suggested public comment be obtained on this issue before a
decision is made.
The City Council consensus was to have staff research the interest of other cities having
dispatch services provided by Richfield, have Wold Architects determine space requirements,
obtain public input, and return to the City Council for consideration.
Council Meeting Minutes -5- February 23, 2010
Dale Sonnichsen, Stahl Construction, said the decision by early April would be acceptable.
Council Member Wroge left the meeting at this time.
M/Elliott, S/Sandahl to accept the bids as recommended by Stahl Construction in the
amount of $5 943 292 reject add-alternate bids #3 -Humidification and #6 -Sound masking and
reserve the decision on contract #32 -Access Flooring to a future meeting in order to further
evaluate the option of including the 911 Communications Center in the new building.
Council Member Sandahl stated the project may be over-budget regardless and the
humidification and sound-masking could be added later.
Mr. Klass explained the sound-masking should be revisited before the ceilings are finished.
Humidification would be an additional equipment expense.
Motion carried 4-0.
Council Member Sandahl stated she believes the use of the pension funds or bonding to
cover costs was left open so bonding is an option.
Item #8 CONSIDERATION OF AGREEMENT WITH ORFIELD LABORATORIES, INC.
FOR CONSULTING SERVICES FOR AUDIO-VISUAL DESIGN OF NEW CITY
COUNCIL CHAMBERS (THIS ITEM SHOULD BE CONSIDERED IN
CONJUNCTION WITH AGENDA ITEM NO. 7j S.R. NO. 36
Council Member Sandahl presented Staff Report No. 36.
Assistant City Attorney Thompson clarified that City Attorney Heine revised the original
agreement and sent it to Mr. Orfield but no response had yet been received so that original
agreement is in the City Council agenda.
Council Member Elliott stated he did not support the agreement and questioned Mr. Orfield
regarding insurance provisions.
Steve Orfield, Orfield Laboratories, explained why he does not carry professional liability
insurance.
Council Member Sandahl stated an expert is needed to design the audio-visual system.
Mayor Goettel added significant audio-visual issues need to be addressed.
Council Member Fitzhenry questioned the value of Mr. Orfield's services long-term.
Mr. Orfield stated he guaranteed the system to meet standards and that Orfield Laboratories
has designed hundreds of audio-visual systems with none of them contested as unacceptable.
Council Member Elliott requested the agreement language in the Agreement portion, #2,
second to last sentence, be revised to read "Orfield's work WILL insure..." He asked Mr. Orfield
regarding monitoring installation of the system.
Council Meeting Minutes -6- February 23, 2010
Mr. Orfield stated he monitors the bids, not the installation, but the equipment and
performance are checked and adjusted as needed.
M/Sandahl, S/Goettel to approve the agreement as revised by the City Attorney and with
the language change with Orfield Laboratories Inc. for consulting services for the audio-visual
design of new City Council Chambers.
Motion carried 3-1. (Elliott oppose)
Item #9 CITY MANAGER'S REPORT
None.
Item #10 CLAIMS AND PAYROLL
M/Sandahl, S/Elliott that the following claims and payrolls be approved:
U.S. BANK 02-23-10
A/P Checks: 192439 - 192790 $ 940,026.62
PAYROLL 64490 - 64809 $ 497,257.39
TOTAL
$ 1,437,284.01
Motion carried 4-0.
OPEN FORUM
None.
ADJOURNMENT
The City Councif meeting was adjourned by unanimous consent at 8:35 p.m.
Date Approved:
Debbie Goettel
Mayor
Cheryl Krumholz
Recording Secretary
Steven L. Devich
City Manager
AGENDA SECTION: CONSENT
AGENDA ITEM # 3A
REPORT # 37
~- STAFF REPORT
CITY COUNCIL MEETING
MARCH 9, 2010
REPORT PREPARED BY:
KRISTIN ASHER, CITY ENGINEER
NAME; TITLE
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of a Trailway Cooperative Agreement between the Three Rivers Park District
(TRPD) and the City of Richfield for construction, easement rights, maintenance, and use of
the Nine Mile Creek Regional Trail associated with the Edina-Richfield Interceptor
Improvement Project. _
I. RECOMMENDED ACTION:
By Motion: Adopt the attached resolution allowing the City to enter
into a Trailway Cooperative Agreement with the Three Rivers Park
District.
II. BACKGROUND
The Three Rivers Park District (TRPD) has worked cooperatively with the City and
Metropolitan Council on the Edina-Richfield Interceptor Improvement Project to
include a regional trail along 75t" Street and 76t" Street in the plans for the
reconstruction of those roadways.
In general, the terms of the proposed agreement include:
• Non-exclusive Trail Easement - providing a continuous and contiguous
corridor for the trail. The trail easement would still allow for the placement of
private utilities under the trail when necessary.
• Desiqn and Construction of the Trail -the City shall work with the
Metropolitan Council and act on the Park District's behalf to ensure the
030910ThreeRiversCoop
design and construction of the Edina-Richfield Interceptor Improvement
Project includes a regional trail component.
• Cost Share -the Park District will reimburse the City for construction costs
up to $1,000,000.
• Trail Use -the regional trail shall be open to the general public and be
exclusively used for outdoor activities including walking, jogging, skating,
biking, electric personal assistive devices and other uses mandated by state
law.
• Winter Use -the Park District's current policy is to close the trail to the public
in the winter and provide no winter maintenance of the trial. However, they
will permit the City to assume responsibility of the trail for winter maintenance
and operations at the City's request.
• Maintenance -The Park District shall be responsible for trail repairs and
general maintenance of the trail and will provide and maintain the
informational signage along the route. The District's Paved Trail and
Maintenance Standards and Implementation Plan is attached. The City will
be responsible for maintaining roadway crossings and associated signing.
• Enforcement -the Park District will patrol and enforce its rules, regulations
and ordinances with respect to-the trail, including a 2 foot clear zone on
either side of the trail. The City may patrol and police the trail as deemed
necessary.
The Park District does not own or operate the on-street bike lanes adjacent to this
trail. The bike lanes are the sole responsibility of the City.
III. BASIS OF RECOMMENDATION
A. POLICY
• The City's Comprehensive Plan encourages alternate forms of
transportation such as biking and walking.
• The City's Comprehensive Plan identifies regional pedestrian and
bicycle connections as a goal.
B. CRITICAL TIMING ISSUES
• The project is scheduled to begin this summer.
C. FINANCIAL
• The agreement allows the City to be reimbursed up to $1,000,000 for
successful construction of the Nine Mile Creek Regional Trail.
D. LEGAL
• The City Attorney has reviewed the agreement and will be available to
answer questions.
E. ENVIRONMENTAL CONSIDERATIONS
• The regional trail will provide an improved alternative to non-motorized
travel within the City.
IV. ALTERNATNE RECOMMENDATION~S~
• The Council may choose not to adopt the resolution at this time.
V. ATTACHMENTS
• Resolution authorizing the City to enter into the Trail Cooperative Agreement
• Trail Cooperative Agreement
• Edina-Richfield Interceptor Improvement Project Map
• Three Rivers Park District Paved Trail Maintenance Standards and
Implementation Plan
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Kelly Grissman, Planner for Three Rivers Park District
~~/
RESOLUTION NO.
RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ENTER INTO A
TRAILWAY COOPERATIVE AGREEMENT WITH THE THREE RIVERS PARK
DISTRICT FOR THE NINE MILE CREEK REGIONAL TRAIL
WHEREAS, the Three Rivers Park District is a political subdivision of the State of
Minnesota authorized by statute to acquire, establish, operate and maintain trails systems;
and
WHEREAS, the Three Rivers Park District's First Tier Trials, Greenways, and Parks
Master Plan includes Nine Mile Creek Regional Trail through the City of Richfield; and
WHEREAS, the Three Rivers Park District is preparing a specific master plan for
Nine Mile Creek Regional Trail in cooperation with the City of Richfield, and
WHEREAS, the City has requested that the Three Rivers Park District participate in
the development of a regional trail system located within the City, and
WHEREAS, the City owns land suitable for development as a regional trail corridor,
and
WHEREAS, the Three Rivers Park District and City desire to cooperate to design,
construct, reconstruct, operate and maintain a regional trail corridor located in the City.
NOW, THEREFORE, BE IT RESOLVED that the City of Richfield enter into a
Trailway Cooperative Agreement with the Three Rivers Park District to provide payment for
the construction of the Nine Mile Creek Regional Trail within the City and to establish
agreement on the design, construction, operation, maintenance, and enforcement of the
trail.
Adopted by the City Council of the City of Richfield, Minnesota this 9th day of
March, 2010.
--__
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
~~ a
•
CITY OF RICHFIELD
AND
THREE RIVERS PARK DISTRICT
TRAILWAY COOPERATIVE AGREEMENT
This agreement (the "Agreement") is made and entered into this day of 2010,
by and between the Three Rivers Park District, a body corporate and politic and a political
subdivision of the State of Minnesota ("Park District"), and the City of Richfield, a Minnesota
municipal corporation ("City").
WHEREAS, the Park District ("Park District") is a political subdivision of the State of
Minnesota authorized by statute to acquire, establish, operate and maintain trail systems;
and
WHEREAS, Park District promulgates master plans for the development of park
facilities including trail systems; and
WHEREAS, Park District's master plans are submitted to the Metropolitan Council
and the Metropolitan Parks and Open Space Commission for approval; and
WHEREAS, Park District's First Tier Trails, Greenways, and Parks Master Plan
includes Nine Mile Creek Regional Trail through the City of Richfield ("City") and;
• WHEREAS, Park District is preparing a specific master plan for Nine Mile Creek
Regional Trail (Trail) in cooperation with the City of Richfield; and
WHEREAS, City has requested that Park District participate in the development of a
regional trail system located within the City; and
WHEREAS, City own lands suitable for development as a regional trail corridor; and
WHEREAS, Park District and City desire to cooperate to design, construct,
reconstruct, operate and maintain a regional trail corridor located in the City employing
their own powers and the powers granted by Minn. Stat. §471.59.
NOW THEREFORE, in consideration of the mutual covenants herein, and other good
and valuable consideration, the sufficiency of which is hereby acknowledged, City and Park
District agree as follows:
1. Property Rights.
Nine Mile Creek Regional Trail Easement
City shall convey to Park District a permanent non-exclusive Easement for trail
purposes in the form of the Public Trailway Easement attached hereto as Exhibit A
(hereinafter "Nine Mile Creek Regional Trail Easement"). Said Nine Mile Creek
Regional Trail Easement shall provide a continuous and contiguous corridor for the
trail.
The route of the trail shall be as illustrated in Exhibit A, Segments NMC-1 through
• NMC-4.
1
~~
~~
In the event City cannot convey a Nine Mile Creek Regional Trail Easement which •
provides a continuous and contiguous corridor for the trail, City shall acquire such
rights to additional lands as may be necessary. Park District shall not be obligated to
proceed with any obligation und~r this Agreement until City has conveyed to Park
District easements sufficient to Freate a continuous and contiguous regional trail
corridor. If City cannot acquire and convey a Nine Mile Creek Regional Trail
Easement to Park District which provides a continuous and contiguous trail corridor
within eighteen (18) months foll ~~ wing execution of this Agreement, the Agreement
shall be terminated and neither ~he City nor Park District shall have any obligation
hereunder, except that Park Dist ict shall return unrecorded easements to City and
take such other measures as may be necessary to cancel the easements.
Certain of the Easements lie within platted rights-of-way and easement areas where
the City does not have an intere~t in real property but does have the legal authority
to construct, maintain and opera a sidewalks, trails, and other such public ways. In
such cases, the Easements do not convey an interest in real property but, pursuant
to this agreement, shall serve as an irrevocable permit and license to the Park
District to construct, operate and maintain a trail within the Easement areas. In the
event the City's right to so main ain a trail within these segments of the Easement
area is lost by vacation, condem ation, revocation of license or permit, or otherwise,
the City. will acquire such additional rights, titles and interests as are needed to
assure a continuous and contiguous trail corridor through the Easement areas. If the
loss of such right to maintai a trail within right-of-way areas occurs, after
construction of the trail, the Cit shall acquire such additional right, title or interest
and reconstruct the trail, if necessary, at City expense. The City represents that it
currently has the legal right and ~ authority to construct and maintain the trail within •
such platted rights-of-way.
The parties recognize that certain bridges and grade crossings may require
agreements with third parties such as the Minnesota Department of Transportation.
The parties shall cooperate to secure necessary permissions to use such crossings
and bridges.
Additional segments of the Nine Mile Creek Regional Trail, and other regional trails,
may be developed within the City of Richfield at a future date. This agreement may
be amended as agreed upon by Park District and by City to include additional
segments of regional trails.
2. Cost Participation.
A. Nine Mile Creek Regional Trail -City Responsibility
City shall be responsible i for all costs associated with planning, design and
construction of the Nine Mile Creek Regional Trail, including moving,
relocating, and/or buryin~ utilities to account for the regional trail, and all
regulatory road and trail signs and/or other treatments as prescribed by the
Minnesota Manual on Uniform Traffic Control Devices (MN MUTCD) within the
regional trail Easement. City has begun and will complete trail planning,
design and construction as part of a larger Metropolitan Council
Environmental Services roject. The Metropolitan Council project involves
planning, design and reconstruction of 75th Street West and 76th Street
West/East, and includes a' regional trail component.
•
2
~Q/~
• B. Nine Mile Creek Regional Trail -Park District Responsibility
Park District will reimburse City for actual trail construction costs up to a
maximum of $1,000,000. The Park District will reimburse the City up to
$500,000 for Phase 1 trail construction between Xerxes Avenue South and
Interstate 35W and up to $500,000 for Phase 2 trail construction between
Interstate 35W and Twelfth Avenue South.
Park District will not reimburse City for indirect costs incurred by City
including, but not limited to, staff costs, costs of consultants and advisors,
legal fees, filing fees, permit fees, or any other expense, which does not
represent direct trail construction costs. Park District shall reimburse City
only after conveyance to Park District of the Nine Mile Creek Regional Trail
Easement by the City and in accordance with Paragraph 1 of this Agreement.
Park District shall reimburse City within thirty (30) days following receipt of
City's verified statement of direct construction costs for all costs authorized by
this paragraph.
The Park District shall be responsible for costs associated with furnishing and
installation of its trail informational sign program and trail rest stops (trail
bench, bicycle rack and refuse bin).
3. Desi4n of Trail.
Design of the trail and related trail structures shall be the responsibility of the City
and in accordance with Exhibit B, Typical Trail Section and with trail standards
adopted by the Park District.
• City has cooperatively worked with the Metropolitan Council Environmental Services
to complete the project design which includes street redesign and trail design. Park
District has participated in this design process and has no financial obligations
related to trail design. City shall submit all design and construction plans to Park
District for review, comment and approval. Park District approval shall not be
unreasonably withheld. Final trail design and construction plans shall be reviewed
and approved by Park District prior to adoption and approval by City.
4. Construction of Trail.
The City shall construct the trail in accordance with construction plans and
specifications developed pursuant to Paragraph 3 of this Agreement. Construction
shall commence when Park District approves the plans and specifications for
construction of the Trail, and (2) funding of the trail construction is in Park District
Board of Commissioner's approved Capital Improvement Program.
City shall be solely responsible for construction supervision. City shall provide notice
to Park District of the commencement of construction. Park District may observe
construction and may consult with City regarding construction issues. City shall
inform the Park District of final construction and shall schedule inspection by Park
District prior to close of the construction contract. Upon correction of any concerns
identified in the inspections, City shall notify Park District in writing indicating
completion of the project. Upon completion, Park District shall record the Nine Mile
Creek Regional -Trail Easement as defined in paragraph 1, assume Park District
responsibilities under this Agreement, and process payment as define in paragraph
• 2B.
3
i
~~ .
5. Permits and Assessments. •
City shall grant all City approval' , City permits, and other official City permissions
necessary to operate, maintai reconstruct and construct regional trails. In
consideration of the Park Distric 's performance under this Agreement including its
maintenance obligations, City hereby agrees that the Park District shall not be
subject to assessment by the City pertaining to improvements made on the lands
included in the Easement.
6. Trail Uses and Purposes.
All regional trails within City bou'Indaries shall be open to the general public, and be
used exclusively for outdoor recreation and commuter activities including, but not
limited to, walking., jogging, slating, biking, and uses mandated by state law
including, but not limited to, ~ electric personal assistive devices. In addition,
motorized vehicles used by t e City or Park District for maintenance, law
enforcement, or other public uses will be permitted on the trail in emergency
situations, when pertinent to th specific maintenance or patrol activity, when the
motorized vehicle cannot legally operate on the street, and/or when an adjacent
roadway does not exist. Routinel'I maintenance and patrol with motorized vehicles will
be conducted from the adjacent roadways.
7. Winter Use.
As of the date of this Agreement, Park District policy is to close the trail to the public
in winter and to perform no winter maintenance on the trail. Park District reserves
the right to open trail for winter use in its sole discretion. If Park District closes the
trail for winter use, City will be ,provided with a Park District Winter Use Permit to
operate the trail during the winter period. Such permit will require City, among •
other things, to assume respon~ ibility for trail maintenance and operation and to
assume responsibility for liabiliti s associated with winter use.
8. Maintenance of Trail.
Park District will be responsible for renovation, replacement, repair, maintenance,
and upkeep of the trail exce t bridges owned by others, and as provided in
paragraph 7. Park District shall be solely responsible for establishing maintenance
standards for the trail, which will be consistent district wide.
9. Signaae.
Park District shall be responsible for providing regional trail informational trail signage
for the trail. signage will indicate that the trail is a regional trail of Park District. City
may provide additional signage,i provided however, that Park District shall approve
such additional signage, and hat City shall be responsible for providing and
maintaining such additional sign ge. When the regional trail crosses a city roadway,
City shall be responsible for providing and maintaining roadway crossing treatments
such as pedestrian striping, road signs and/or other treatments as prescribed by the
Minnesota Manual on Uniform Triaffic Control Devices (MN MUTCD), or as appropriate.
On-street bicycle facilities of any configuration are not considered part of the regional
trail. All associated road signs and/or other treatments for on-street bicycle facilities
are not permitted within the trailEasement and are the responsibility of City.
10. Utilities.
City shall at all times retain the right to maintain, repair or replace any utilities and
related facilities in, on, or under said trail and install such utilities and related •
facilities provided, that if any such activities by the City shall or may damage or limit
the use of the trail, the City ill give the Park District five (5) days prior written
4
3~-10
• notice of the same (except in cases of emergency), and in any event the City will
upon completion of such activities so affecting the trail or any portion thereof,
restore the trail as near as possible to its condition existing before such
maintenance, repair, replacement or other activities of the City.
City and Park District recognize that prior notice is needed to develop temporary trail
detour routes and temporary signage. City and Park District will cooperatively
determine and implement a temporary detour route when feasible.
11. Law Enforcement.
The City will patrol and police the trail in such manner and by such persons as the
City shall deem necessary, and may enforce all rules and ordinances of the City
except as provided herein. Notwithstanding anything herein to the contrary, the
Park District shall have the right to enforce its rules, regulations and ordinances with
respect to the trail. City shall not promulgate .any ordinance, rule or regulation
which contravenes any ordinance, rule or regulation of Park District with respect to
the trail or which contravenes this Agreement.
12. Indemnification.
The City and the Park District each .shall indemnify, defend and hold harmless the
other from any loss, liability, cost, damage and claim arising from any act or
omission on the part of its officers, employees, agents, contractor or representatives
in connection with the use, occupancy, development, operation, maintenance and
repair of the trail, including any. attorney fees and expenses incurred in defending
any such claim. Nothing herein shall change or otherwise affect the liability limits
• established under Minn. Stat. § 466, as amended. The liability limitations
established in Minn. Stat. § 466 shall apply to undertakings pursuant to this
Agreement, and no individual or entity may seek to increase recovery beyond the
statutory amounts set forth in Minn. Stat. § 466 by attempting to aggregate the
statutory amounts applicable to the Park District or the City.
13. Successor and Assigns.
The Agreement shall be binding upon and inure to the benefit of the parties hereto
and their respective successors and assigns, provided, however, that neither the City
nor the Park District shall have the right of assign it rights, obligations and interests
in or under this Agreement to any other party without the prior written consent of
the other party hereto.
14. Amendment, Modification or Waiver.
No amendment, modification or waiver of any condition, provision or term of this
Agreement shall be valid or of any effect unless made in writing and signed by the
party or parties to be bound, or its duly authorized representative. Any waiver by
either party shall be effective only with respect to the subject matter thereof and the
particular occurrence described therein,. and shall not affect the rights of either party
with respect to any similar or dissimilar occurrences in the future.
15. Saving. Provision.
If any provision of the Agreement shall be found invalid or unenforceable with
respect to any entity or in any jurisdiction, remaining provision of the Agreement
shall not be affected thereby, and such provisions found to be unlawful or
• unenforceable shall not be affected as to their enforcement or lawfulness as to any
other entity or in any other jurisdiction, and to such extent the terms and provisions
of this Agreement are intended to be severable.
5
~a~'~
16.
Termination.
This agreement may be terminat d by Park District or City by mutual agreement or
as otherwise provided in this a reement. This agreement shall be terminable by
either party .upon material breach by the other party.
The provisions of Paragraph 12 s rvive termination with respect to claims that arise
from actions or occurrences that ~ccurred prior to termination.
17. Notices.
Any notice given under this Agr
day following the date the same
certified) postage prepaid, addre
If to the Park District:
If to Richfield:
IN WITNESS WHEREOF, City a
of the date and year first above written.
CITY OF RICHFIELD
By:
Its Mayor
By:
Its City Manager
Went shall be deemed given on .the first business
deposited in the United. States Mail (registered or
~d as follows:
Superintendent
Park District Park District
3000 Xenium Lane North
Plymouth, MN 55441
City Manager
City of Richfield
6700 Portland Avenue South
Richfield, MN 55423
Park District have entered into this agreement as
THREE RIVERS PARK DISTRICT
By:
Its Chair -Board of Commissioners
By:
Its Superintendent
•
•
•
6
3~~~
EXHYBIT A
^,~~ , d ~n=o-~ r'~ -:;~s '~~~c®~~l Trail Easement: City of Richfield
• Segment NMC-1: 75th street West from Xerxes Avenue South to Humboldt Ave
South.
Fourteen (14) feet of road Right-Of-Way on the north side of 75th Street West, starting at
the intersection of Xerxes Ave South/75th Street West and commencing east to the
intersection of 75th Street West/Humboldt Ave S.
iw `ia?~~fy
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. ..
vi:j `,
~wi;,`
rte"' ~,, (~.l y
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.t~6 ~Ss
bk\
7
EXHIBIT A ~~V
Nine Mile Creek Regional Trail Easement: City of Richfield
Segment NMC-2: Humboldt Ave South to Emerson Avenue South •
Fourteen (14) feet of road Right-Of-Way on the East Side of Humboldt Avenue from 75th
Street West to 76th Street West, then fourteen (14) feet of road Right-of-Way on the north
side of 76th Street West east to the intersection 76th Street West/Emerson Avenue South.
•
•
8
~ ;~~~~
1'
l
EXFIYBIT A
Nine Mile Creek Regional Trail Easement: City/ of Richfield
• Segment NMC-3: Emerson Ave South to Nicollet Avenue South
Twelve (12) feet of road Right-Of-Way on the north side of 76th Street West from Emerson
Avenue South to Nicollet Avenue South.
•
•
9
~ ~ \\
EXHIBIT A ~~`,!~
Nine Mile Creek Regional Trail Easement: City of Richfield
Segment NMC-4: Nicollet Ave South to 12th Avenue South
Twelve (12) feet of road Right-Of-Way on the north side of 76th Street East from Nicollet
Avenue South to 12th Avenue South.
•
•
•
10
EXHIBIT A ~jP~l
Nine Mile Creek Regional Trail Easement: City of Richfield
•
TRAIL WIDTH FROM TO
10` XERXES AVE EMERSON AVE
$` EMERSON AVE 12TH AVE
~~~Rs"y ' ~.~'~ TRAIL NOTES:
y ~ ~~``rr~~ 1. TOPSOIL AT 6" MIN, DEPTH. SEED
~ -~ WITH MnDOT SEED MIX 250.
~6~ 2. 2' WIDTH AT MAX. 2% SLOPE ON
~ lL SHOULDER.
''~'~ ~ 3. 3:1 MAXIMUM SLOPE (,H:V)
" ~ ,~~,. ~ OUTSIDE OF 2' SHOULDER.
~~~~~~'`~ 4. MIN. 2' CLEARANCE FROM
r ~n~ TREES OR OTHER OBSTRUCTION.
•
VARIES ! .r-
2'-lJ" SEE TABLE [N UPPER RIGHT -
{; :MIN.
t. i x
VARIES
b' MIN.
L 4" BROKEN LINE (3' STRIPE, 9' SPACE), L
YELLOW-LATEX
3" TYPE LVW E 450306 BITUMINOUS PAVEMENT
b" CL. 5 AGGREGATE BASE
100% CRUSHED (MnDOT 3138
12"SCARIFY, DRY, AND RECOMPACT
SUBGRADE MATERIAL
6" TOPSOIL, TYP.
MAINTAIN 10' CLEAR ZONE
ABOVE TRA1L. TRIM TREE
BRANCHES ACCORDINGLY.
''.~~
~ ThreeRivers
PAIIKDI6TBICT
DEPARTMENT.OF PLANNING AND DEVELOPMENT
~ 3000 Xenium lane North Ph 763-559-9000
'; Plymouth, MN 55441 - Fax 763-557-5248
CITY OF RICHFIELD
TYPICAL SECTIONS
STANDARD DETAIL PLATE
NTS
DATE REVISION TRL
11
~_
m
• • •
3~ /~
_~"1,
ThreeRivers
PARK DISTRICT
Paved Trail Maintenance Standards and Implementation Plan
The Park District considers four primary management goals in the design, construction, operation, and
maintenance of trails.
• User Safety
• Providing High-Quality Experiences
• Protecting Natural Resources
• Protecting Trail Infrastructure & Investment
Due to the outdoor environment in which traits exist, trail surface conditions can
vary from day to day reflecting current weather impacts, i.e. wet, icy, and dusty.
The presence of natural materials, such as dirt, leaves, and branches on the
surface can be expected, :reflecting the natural surroundings adjacent to the trail
and weather impacts such as wind and rain. Weather conditions may also affect
the durability of pavement markings. Scheduled maintenance activities are not
designed to immediately address all weather related trail impacts.
General Maintenance Standards
• Surfaces: Trail surfaces will be maintained in a condition that will enable users to have an
enjoyable experience, generally smooth with limited cracks, bumps, potholes, and other
irregularities. Debris will be blown, swept, or otherwise removed from the trail on an as needed
basis.
• Safety Inspections: Trails will be visually monitored regularly for safety concerns. All safety
concerns will be mitigated as soon as practical. Safety concerns that can't be immediately dealt
with may require additional signage or other markings, and/or temporary trail closure.
• signage: Trail signage will be monitored regularly and repaired or replaced as needed to
maintain the integrity of the signage system.
• Trail Crossing Pavement Iwaricings and Center Stripping: T-:rail crossing and warning
1 t V- 1. •VI- n~i~..:~ t~J L-.:1 J. I :...... i Yh..
r~iarKiriy'S shoi.iid uC iCgiuic. vC~ciwra~cu plan CrvS~iiig paveliien~ IilarlCnly~, ilo~ ulc
_ responsibility of the Park District, will be reported to the responsible agency. .Center
stripping will be inspected annually and reapplied as needed.
• Support Structures: Trail support structures such as bridges, boardwalks, culverts; retaining
walls and fences will be inspected at least annually with appropriate .actions taken to. address
1 of 3 03-02-09
3~-~.~
identified- issues. Major structures will be included in the Park District's Asset Management
Program to ensure long-term sustainability.
• Amenities: Trailside amenities, such as benches, kiosks, water fountains, and trash containers,
will be maintained in a clean and safe condition. Garbage will be collected on a scheduled basis
depending on trail use.
• Drainage/Erosion: Trails will be regularly monitored for drainage and erosion issues. Plans will
be developed to address problems as soon as practical.
• Clear Zones: Trail shoulders will generally be mowed or maintained to provide a minimum 3
ft. wide clear zone and overhanging vegetations will generally be maintained to provide a 10
ft. high clear zone. Exceptions may be maintained consistent with the trail design.
• Weed Control: The Park District will treat for noxious weeds as needed. The Park District
generally does not treat for broadleaf weeds but will evaluate and treat areas on an as
needed. basis in response to safety and other concerns.
• Vandalism: Trail related vandalism will be reported to Park District Public Safety and addressed
on a timely basis.
• Encroachments: Trails will be regularly inspected for encroachments, which will be reported to
Park District Public Safety and addressed on a timely basis.
• Pavement Management:. Trail surfaces will be included in the Park District's Pavement
Management Program and will receive scheduled striping, crack filling, patching, seal coating and
redevelopment according to Park District standards.
-Paved Trail Maintenance Implementation Plan
• Shared Organizational Responsibility: Paved trail maintenance is a shared activity within
the Park District's organizational structure with elements of responsibility assigned to the
Departments of Maintenance, Natural Resources, Public Safety and Planning and
Development.
• Work Plans: `Routine trail maintenance work plans are created by Maintenance Supervisors
to reflect the needs of a trail section based on trail. use .and other factors relative to the
particular section. Inspections and condition checks are scheduled to meet Park District
standards.
• Extraordinary .Circumstances: Extraordinary and emergency maintenance will occur in
response to storm damage, vandalism, or other unplanned circumstances.
• Routine Work Schedule: Routine maintenance tasks are generally scheduled to occur two
times per -week between i~iemoriai Day and Labor Day. and may be reduced to once per week
during the remainder of the season. Trail use, weather, budget, and other factors will be
taken into consideration when determining frequency of maintenance tasks. _
Winter Maintenance: The Park District's present policy provides for the operation of
regional trail corridors from March 15 -November 15. Local municipalities have the option to
2 of 3 03-02-09
3~~~~
apply for a winter trail operations permit from Three Rivers Park District. If winter operations
are permitted, the local municipality. is responsible for operations and maintenance.
The Park District may choose to permit public use of regional trails during the winter season
under a "no maintenance" condition.
• Adopt a Trail Program: The Park District provides the opportunity for. the public to
participate in the cleanup of trails. The program is coordinated by the Park District Volunteer
Office and Trail Maintenance Supervisor.
Program objectives:
- Promote and develop citizen and community support for the regional trail system of Three
Rivers Park District:
- Establish an organized and self-sustaining method for bi-anriual, clean up of trash and
litter on the regional trail system; and
- Provide interested sponsor groups and individuals with an ongoing service opportunity
that benefits the community, region, and the environment.
The program plan establishes that sponsors must commit to at least two clean up days per
year, preferably one in the spring and one in the fall. The Park District supplies a training
presentation, garbage bags for the clean-up, and pick up of trash once the clean up is
complete. All sponsors are recognized on the trail through signage.
3 of 3 03-02-09
AGENDA SECTION: CONSENT
AGENDA ITEM # 3$
REPORT # 38
~~' STAFF REPORT
CITY COUNCIL MEETING
MARCH 9, 2010
REPORT PREPARED BY: BETSY OSBORN, SUPPORT SERVICES
DIVISION MANAGER
NAME, Ti7zE
DEPARTMENT DIRECTOR '
REVIEW: ~, ~~~ . ~~
REVIEWED BY CITY
MANAGER: ~/r~
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the issuance of new on-sale wine and on-sale 3.2 percent malt liquor licenses
for Joy's Pattaya Thai Kitchen, 7545 Lyndale Avenue South.
I. RECOMMENDED ACTION:
By Motion: Approve a public hearing to be held April 13, 2010, for the
consideration of new on-sale wine and 3.2 percent malt liquor
licenses for Jov's Pattaya Thai Kitchen, 7545 Lyndale Avenue South.
II. BACKGROUND
Applications for new on-sale wine and 3.2 percent malt liquor licenses for Joy's
Pattaya Thai Kitchen were received by the City on December 7, 2009.
III. BASIS OF RECOMMENDATION
A. POLICY
• City ordinance provides that the City Council conduct a public hearing
to consider all on-sale wine and 3.2 percent malt liquor license
applications and that a date be set for the public hearing prior to the
hearing.
• The hearing must be scheduled and held before a new license may be
considered.
• The new process has been initiated.
0309 Set PH New Liquor Licenses for Joy's Pattaya Thai Kitchen
Holding the public hearing on April 13, 2010 will provide ample time to
complete the licensing process.
B. CRITICAL TIMING ISSUES
• N/A
C. FINANCIAL
• N/A
D. LEGAL
• N/A .
E. ENVIRONMENTAL CONCERNS
• N/A
IV. ALTERNATIVE RECOMMENDATION(S~
• Reject the applications for new on-sale wine and 3.2 percent malt liquor
licenses for Joy's Pattaya Thai Kitchen.
• Schedule the hearing for another date. However, this may delay the
licensing process.
V. ATTACHMENTS
• None
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• N/A
AGENDA SECTION: CONSENT
AGENDA ITEM # $C
REPORT # ~q
J STAFF REPORT
CITY COUNCIL MEETING
MARCH 9, 2010
REPORT PREPARED BY:
DEPARTMENT DIRECTOR
REVIEW:
LYNNETTE CHAMBERS, LEASED
HOUSING ~,7PECIALIST
SIGNA
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Consideration of an amendment to the Metropolitan Council Family Affordable Housing
Cooperation Agreement to convert ten Family Affordable Housing Program units located in
Richfield to project based Section 8 units.
I. RECOMMENDED ACTION:
By Motion: Approve the attached Amendment to the Metropolitan
Council Famil Affordable Housin Pro ram Cooperation A reement.
II. BACKGROUND
In 2000 the Richfield City Council voluntarily agreed to participate in the
Metropolitan Council's Family Affordable Housing Program (FAHP), entering into a
joint Cooperation Agreement.
The Metropolitan Council currently owns and operates ten FAHP housing units in
the City of Richfield. These units were developed as scattered site units using
funding under the Holman Consent Decree.
Since 2000 the Metropolitan Council has been a responsive landlord and caretaker
of the ten units. They have been quick to respond to any concerns or issues with
staff as well as Richfield residents.
In July 2008 the Metropolitan Council decided to convert the ten FAHP units from
public housing to project based Section 8 housing. This conversion requires an
030910 Family Affordable Housing Amend
amendment to the Cooperation Agreement between the Metropolitan Council and
the City of Richfield, as well as approval from the Department of Housing and Urban
Development (HUD). The result of this conversion will be to change the funding
source for the affordable housing units from Public Housing to Section 8. The City of
Richfield should see no change in the way the housing units are managed.
III. BASIS OF RECOMMENDATION
A. POLICY
• The City of Richfield can not deny affordable housing units.
B. CRITICAL TIMING ISSUES
• The Metropolitan Council is required to obtain this amendment prior to
HUD's approval.
C. FINANCIAL
• .Approval of the Amendment to Cooperation Agreement Metropolitan
Council Family Affordable Housing Program will not result in any
budget costs.
D. LEGAL
• N/A
E. ENVIRONMENTAL CONSIDERATIONS
• N/A
IV. ALTERNATIVE RECOMMENDATION~S~
• Do not approve the Amendment to Cooperation Agreement Metropolitan
Council Family Affordable Housing Program
V. ATTACHMENTS
• Cooperation Agreement, Metropolitan Council Family Affordable Housing
Program
• Amendment to Cooperation Agreement, Metropolitan Council Family
Affordable Housing Program
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• N/A
~i
x-
COOPERATION AGREEMENT '
Metropolitan Council Family Ail'ordable Housing Program
THIS COOPERATION AGREEMENT ("Agreement") is entered into by and between the
Metropolitan Council (the "Metropolitan Council") and the City Richfield, State of Minnesota
(the "Municipality"}.
WI~REAS, the Metropolitan Council is a public corporation and political subdivision of the
State of Minnesota and is authorized by Minnesota Statutes section. 473.195 to exercise the
functions, rights, duties, privileges, immunities and limitations as are provided for housing and
redevelopment authorities created for municipalities; and
WI~REAS, pursuant to Minnesota Statutes section 473.195 the provisions of Minnesota
Statutes sections 469.001 to 469.047 and of all other laws relating to housing and redevelopment
authorities apply to the Metropolitan Council when the Metropolitan Council is functioning as an
authority; and
WHEREAS, in conjunction with the implementation of its Family Affordable Housing Program
("FAHP"}, the Metropolitan Council proposes to acquire within the corporate limits of the
Municipality vn a scattered-site basis a limited number of residential properties ("FAHP Units")
and will focus its acquisition efforts on housing structures containing four units or less; and
i
WHEREAS, the governing body of the Municipality has given its prior approval regarding the
Metropolitan Council's proposed housing initiative pursuant to Minnesota Statutes section
473.195, subdivision 1.
. WITNESSETH:
In consideration of the mutual covenants in this Agreement, the Municipality and the .
Metropolitan Council agree as follows:
1. Whenever used in this Agreement:
(a} The term "FAHP Units" shall mean up to ten (10) residential housing units, as defined
in Title 42 United States Code section 1437a(b)(1), developed or acquired by the
Metropolitan Council in connection with its Family Affordable Housing Program with
.financial assistance of the United States of America acting through the Secretary of
Housing and Urban Development .(the "Government") and located on a scattered-site
basis within the corporate liiuits of the Municipality.
(b) The term "Taxing Body" or "Taxing Bodies" shall mean the State of Minnesota and
any and all political subdivisions or taxing units thereof in which FAHP Units are
situated and which would have authority to assess or levy real or personal property
taxes or to certify such taxes to a taxing body or public officer to' be levied for its use
and benefit with respect to the FAHP Units if the units were not exempt from taxation.
(c) The term "Shelter Rent" shall mean the total rentals of a FAHP Unit charged to tenants
during the preceding calendar year, excluding any charges for utilities and special
Page 1 of 4 Pages ~,
3c-~'
services such as heat, water, electricity, gas, sewage disposal or gazbage removal, and
excluding all other income of the FAHP Unit.
2. The Metropolitan Council shall endeavor to:
(a) Secure a wntract or contracts with the Government for capital grants and annual
contributions for the FAHP Units; and
(b) Acquire or develop and administer the FAI-iP Units.
3. The Metropolitan Council and the Municipality agree:
(a} Pursuant to Minnesota Statutes section 469.040, and applicable federal laws and
...regulations, including Title 24 Code of Federal Regulations section 941.201(d), each
FAHP Unit is exempt from all real and personal property taxes levied or imposed by
any Taxing Body for so long as either: (i) the FAHP Unit is owned by a public body or
governmental agency and is used for housing as defined in Title 42 United States Code
section 1437a(b)(1); {ii) any contract between the Metropolitan Council and the
Government in connection with the FAHP Unit remains in force and effect; or (iii) any
bonds issued in connection with the FAHP Unit or any monies due to the Government
in cotmection with the FAHP Unit remain unpaid, whichever period is tbe longest (the
"E:::,mption Period'.
(b) During the Exemption Period, tbe Municipality, on behalf of all Taxing Bodies, agrees
that it will not levy or impose any real or personal property taxes upon a FAHP Unit or
upon the Metropolitan Council with respect to the FAHP TJnit.
{c) During the Exemption Period, the Metropolitan Council shall make, or cause to be
. made, payments in lieu of taxes ("Payments in .Lieu of Taxes' in payment for the
public services and facilities famished from time to time without other wst or charge
` for or vrith respect to each FAHP Unit. Each Payment in Lieu of Taxes shall be made
at the time when real property taxes on a FAHP Unit would be paid if the FAHP Unit
were subject to taxation, and shall be in an amount equal to ten percent (IO%) of the
Sheiter Rent charged with respect to the FAAP Unit during the preceding calendar year.
A Payment in Lieu of Taxes for a FAHP Unit may not exceed the amount which would
be payable in taxes if the FAHI' Unit were not exempt from real or personal property
taxes.
(d) Pursuant to Minnesota Statutes section 469.040, subdivision 3, the County within
which a FAHP Unit is located shall distribute the Payments in Lieu of Taxes among the
Taxing Bodies in the proportion which the real property taxes which would have been
paid to each Taxing Body for such year if the FAHP Unit were not exempt from
taxation bears to the total real property taxes which would have been paid to aU of the
Taxing Bodies for such yeaz if the FAHI' Unit were not exempt from taxation;
provided, however, that no paymetrt for any year shall be made to any Taxing Body in
excess of the amount of the real property taxes which would have been paid to such
Taxing Body for such year if the FAHP Unit were not exempt from taxation.
Page 2 of 4 Pages
3C-9
4. During the Exemption Period, the Municipality, or other appropriate Taxing Body, without
cost or charge to the Metropolitan Council or the tenants of a FAHP Unit (other than the
Payments in Lieu of Taxes) shall:
(a) Famish or cause to be famished to the Metropolitan Council and the tenants of the
FAHP Unit public services and facilities of the same character and to the same extent as
are furnished from time to time without cost or charge to other dwellings and
inhabitants in the Municipality;
(b) Accept grants of easements necessary for the development of FAHP Units; and
. .. (c) .Cooperate with the Metropolitan Council by such other lawful action or ways as the
Municipality or other Taxing Body and the Metropolitan Council may fmd necessary in
connection with the development and administration of the FAI-IP Units.
5. In respect to the initial development of FAI-IP Units, the Municipality further agrees, on
behalf of alt Taxing Bodies, that within a reasonable time after receipt of a written request
from the Metropolitan Council:
(a) When required by city ordinance, it will aceept the dedication of all interior streets,
roads, atleys and adjacent sidewaks within the area of FA1=IP Units, together with all
a....storm and sanitary sewer mains in such dedicated areas, after the Metropolitan Council,
~• at its own expense, has completed the grading, improvement, paving and installation
thereof in accordance with specifications acceptable to the Municipality or other Taxing
Body;
(b) When required by city ordinance, it will accept necessary dedications of land for, and
will grade, improve, pave and provide sidewalks for, all streets bounding FAHP Units
or necessary to provide adequate access to the FAHP Units (in consideration for which
the Metropolitan Council shall pay to the Municipality or other Taxing Body such
amount as are or could be assessed against the FAHP Unit sites for such work if such
sites were privately owned}; and
(c) It will provide, or cause to be provided, water mains, and storm and sanitary sewer
. mains, leading to FAIiP Units and serving the streets bounding the FAIiP Units (in
consideration for which the Metropolitan Council shall pay to the Municipality or other
Taxing Body such amount as would be assessed against the FAIiP Unit sites for such
work if such sites were privately owned).
6. If by reason of the Municipality's or other Taxuig Body's failure or refusal to fiunish or
cause to be furnished any public services or facilities which it has agreed to famish or cause
to be furnished to the Metropolitan Council or to the tenants of any FAIIP Unit, the
Metropolitan Council incurs any expense to obtain such services or facilities, then the
Metropolitan Council may deduct the amount of such expense from any Paymen#s in Lieu of
Taxes due or to become due to the Municipality or other Taxing Body in respect to any
FAHP Unit or any other housing units owned or operated by the Metropolitan Council.
7. No Cooperation Agreement previously entered into between the Municipality and the
Metropolitan Council, if any, shall be construed to apply to any FAHP Units covered by this
Agreement.
Page 3 of a Pages
3C-`~
8: No member of the governing body or any other public official of the Municipality or other
Taxing Body who exercises any responsibilities or functions with respect to the any FAHP
Unit during her or his tenure or for one year thereafter shall have any interest, direct or
indirect, in any FAHP Unit or any contracts in connection with any FAIiP Unit If any such
governing body member or such other public official of a Taxing Body involuntarily
acquires or had acquired prior to the beginning of her or his tenure any such interest, she or
he shall immediately disclose such.interest to the Metropolitan Council.
9. During the Exemption Period, this Agreement shall not be abrogated, changed or modified
without the consent of the Government. The privileges and obligations of the Municipality
and other Taxing Bodies shall remain in full force and effect with respect to the FAHP Units
so Long as the beneficial title to the FAHP Units is held by the Metropolitan Councilor by
any other public body or govenvnentai agency, including the Government, authorized by
law to engage in the development or administration of housing as defined in Title 42 United
States Code section 1437a(b)(1). If at any time the beneficial title to, or possession of, a
FAHP Unit is held by such other public body or governmental agency, including the
Government, the provisions of this Agreement shall inure to the benefit of and may be
enforced by, such other pubic body or governmental agency, including the Government
10. The obligations of the parties under this Agreement shall apply to each FAHP Unit
~. ;_~ ii+i -~i'i'I'NESS i~i~FiEI~Op' the ' auihorireci repi~.;entisiives of the Municipality and the
Metropolitan Council have respectively signed this Agreement This Agreement is effective on
the date when both parties' authorized representatives have signed this Agreement
,n i
CITY O~ ~ l C~ - l ~ IcX METRO OLITAN OUNCIL
By By
Thomas H. Weaver ~
-~ Its 1m~.~o ~ -Regional Administrator
. Date 3 ~ l ~ 0 3 Date ~ 'I 3 -0'1,.
i
arul
ay
y~ 0.n0. e`~'^
.Date ~~id~~`3
This document drafted by:
O1Iice of the General Counsel
Metropolitan Council
Mears park Centre
230 East Fifth Street
Saint peal, Minnesota 55101
(651) 602-1706
' anaio+
FANPCOOPFORM
Page 4 of 4 Pages
3c~
AMENDMENT TO COOPERATION AGREEMENT
Metropolitan Council Family Affordable Housing Program
THIS AGREEMENT is entered into between the Metropolitan Council, [the
Metropolitan Council] and the City of Richfield, Minnesota [Municipality].
RECITALS
WHEREAS, the Metropolitan Council is a public corporation and political subdivision
of the State of Minnesota and is authorized by Minn. Stat. §473.195 to exercise the functions,
rights, duties, privileges, immunities and limitations as are provided for housing and
redevelopment authorities created by municipalities; and
WHEREAS, in conjunction with its Family Affordable Housing Program [FAHP] the
Metropolitan Council sought to acquire up to ten (10) residential housing units on a scattered site
basis in the Municipality [FAHP Units];
WHEREAS, the governing body of the Municipality granted approval of the acquisition
of the FAHP Units located in the Municipality;
WHEREAS, on March 13, 2003 the Metropolitan Council and the Municipality entered
into a Cooperation Agreement with respect to the acquisition and operation of the FAHP Units
within the Municipality;
WHEREAS, since its inception, FAHP has been a public housing program funded under
42 U.S.C. §1437a;
WHEREAS, in order to best preserve the FAHP Units as financially viable housing for
low-income families into the future, the Metropolitan Council applied to HUD for approval to
voluntarily convert the 150 FAHP Units from public housing units to Section 8 Project-based
Vouchers which will continue to be owned by the Metropolitan Council; and
WHEREAS, HUD has approved the conversion of the FAHP Units to Section 8 Project-
based Vouchers effective January 1, 2010; and
WHEREAS, the Metropolitan Council and the Municipality have agreed to amend the
Loan Agreement to provide for the conversion of the FAHP Units to Section 8 Project-based
Vouchers.
NOW THEREFORE, in consideration of the promises and covenants contained in this
Agreement, the Metropolitan Council and the Municipality agree that the Cooperation
Agreement shall be amended as follows:
1. The Municipality consents to the conversion of the FAHP Units to units assisted under
the Section 8 Project-based Voucher Program as set forth in 42 U.S.C. §1437f, and 24 C.F.R.
~'-~
Part 983 to be operated as Public Housing Authority (PHA) owned units under 24 C.F.R.
§983.59.
2. Section 1(a) shall be amended to read:
1. Whenever used in this Agreement:
(a) The term "FAHP Units" shall mean up to ten (10) residential
housing units located on a scattered-site basis within the corporate
limits of the Municipality, developed or acquired by the
Metropolitan Council in connection with the Family Affordable
Housing Program with financial assistance of the United States of
America through the Secretary of Housing and Urban
Development [the Government] through the Section 8 Project-
based Voucher Program, 42 U.S.C. §1347f(o)(13) and 24 C.F.R.
Part 983, and owned and operated by the Metropolitan Council as
PHA owned units pursuant to 24 C.F.R. §983.59.
3. Section 3(a) shall be amended to read:
(a) Pursuant to Minn. Stat. §469.040, and applicable regulations, each
FAHP Unit is exempt from all real and personal property taxes
levied or imposed by any Taxing Body for so long as either (i) the
FAHP Unit is owned by a public body or government agency and
is used for housing assisted under Section 8 of the United States
Housing Act of 1937, 42 U.S.C. §1437f(o)(13); (ii) any contract
between the Metropolitan Council and the Government in
connection with the FAHP Unit remains in force and effect; or (iii)
any bonds issued in connection with the FAHP Unit or any monies
due to the Government in connection with the FAHP Unit remain
unpaid, which every period is the longest [the Exemption Period].
4. Section 9 shall be amended to read:
9. During the Exemption Period, this Agreement shall not be abrogated,
changed or modified without the consent of the Government. The
privileges and obligations of the Municipality and other Taxing Bodies
shall remain in full force and effect with respect to the FAHP Units so
long as the beneficial title to the FAHP Units is held by the Metropolitan
Council or by another public body or governmental agency, including the
Government, authorized by law to engage in the development or
administration of housing as defined in 42 U.S.C. §1437a(b)(1) or 42
U.S.C. §1437f(o)(13), If at any time the beneficial title to, or possession
of, a FAHP Unit is held by such other public body or governmental
agency, including the Government, the provisions of this Agreement shall
3~'~
inure to the benefit of and may be enforced by, such other public body or
governmental agency; including the Government.
5. Except for these amendments, the provisions of the Cooperation Agreement between the
Metropolitan Council and the Municipality shall remain in full force and effect.
6. This Agreement is effective as of January 1, 2010.
IN WITNESS WHEREOF the parties have caused this Agreement to be duly executed by their
authorized representatives.
Dated: > 2010 METROPOLITAN COUNCIL
By
Thomas H. Weaver
Regional Administrator
Dated: , 2010 CITY OF RICHFIELD
By_
Its
By-
Its
AGENDA SECTION:
AGENDA ITEM #
REPORT #
~~ STAFF REPORT
CITY COUNCIL MEETING
MARCH 9, 2010
PROP. ORDINANCE
REPORT PREPARED BY: STE L. D VICH, CITY MANAGER
NAME, TITLE
REVIEWED BY CITY '
MANAGER: (~
ITEM FOR COUNCIL CONSIDERATION:
Consideration of second reading of an ordinance amending Section 210.01 of the Richfield
City Code related to City Council salaries.
I. RECOMMENDED ACTION:
By motion: Approve second reading of the ordinance amending
Section 210.01 related to Cit Council salaries.
II. BACKGROUND
Chapter II, Section 210 of the City ordinance establishes the salaries of the City
Council. Section 210.01, Subd. 5 provides that the salaries of the Council Members
shall be reviewed by the City Council set by this section by May 1 in each year in which
an election is held pursuant to Section 200 of this code. An ordinance amending the
salaries as established in this section must not take effect until after the next
succeeding municipal election.
The next City Council salary adjustment would be effective January 1, 2011, if the City
Council approves the ordinance amendment.
On February 12, 2008, the City Council approved a salary adjustment of 3.5% effective
January 1, 2009 and 3% effective January 1, 2010.
The current annual salary for the Mayor is $9979. The current salary for the City
Council is $7746.
According to previously established City Council policy, any increase should be based
upon the amount of increase granted to employees in the year(s) subsequent to the
previous salary adjustment. The salary adjustment increase for employees in the
General Services and Management pay plans was 3.5% in January 2008, 3% in April
2009 and 0% in January 2010. Therefore, a 0% salary adjustment for the City Council
0309Cou nci ISalariesFirstRead
might be appropriate for 2011. However, the City Council may set salaries in
relationship to other metropolitan cities.
The City Council. should address salaries for atwo-year period, 2011 and 2012. A
proposed ordinance is attached. to this Staff Report to cover this two-year period.
Attached is a list of Council salaries of 10 selected cities in the metro area of a
comparable size.
First reading of the proposed ordinance was held on February 23, 2010.
III. BASIS OF RECOMMENDATION
A. POLICY
• Chapter II, Section 210 of the City Code establishes the salaries of the City
Council and provides that the salaries of the Council Members be reviewed
each year in which an election is held.
• The City Charter stipulates that City Council salaries may be adjusted only by
ordinance.
B. CRITICAL TIMING ISSUES
• A public hearing is not required per State Statute or City Charter.
• Chapter II, Section 210 of the City ordinance establishes the salaries of the
City Council. Section 210:01, Subd. 5 provides that the salaries of the
Council Members shall be reviewed by the City Council set by this section by
May 1 in each year in which an election is held pursuant to Section 200 of
this code.
C. FINANCIAL
• The City Council received a salary adjustment in 2009 and 2010.
D. LEGAL
• N/A
E. ENVIRONMENTAL CONSIDERATIONS
• None
IV. ALTERNATIVE RECOMMENDATION(S) ~
• The Council could defer action on this item to a future meeting.
• Do not approve first reading of the ordinance and take no further action.
V . ATTACHMENTS ~
• Proposed ordinance.
• Salary survey.
~ VI. PRINCIPAL PARTIES EXPECTED AT MEETING ~
• None.
BILL NO. ~~~
!~ AMENDMENT TO SECTION 210
OF THE ORDINANCE CODE OF
THE CITY OF RICHFIELD
THE CITY OF RICHFIELD DOES ORDAIN:
Section 210 of the ordinance code of the City of Richfield is hereby amended by
amending Subsection 210.01 to read as follows:
Subdivision 1. Mayor. The annual salary of the mayor as of January 1, 2010 is $9,979.
Effective January 1, 209911, the salary of the mayor shall be increased by a percentage that is
the lesser of 3.5 percent or the percentage increase in the annual pay structure granted on
January 1, 209910 to Management and General Services pay plans.
Subdivision 2. Council. The annual salary of a member of the council as of January 1,
2010 is $7,746. Effective January 1, 209911, the salary of a member of the council-shall be
increased by a percentage that is the lesser of 3.5 percent or the percentage increase in the
annual pay structure granted on January 1, 209910 to Management and General Services pay
plans.
Subdivision 3. Effective January 1, 20a-912, the annual salary of the mayor and a
member of the council as provided in Subdivision 1 and 2 above shall be increased by a
percentage that is the lesser. of 3.5 percent or the percentage increase in the annual pay
structure granted on January 1, 20a-811 to Management and General Services pay plans
Subdivision 4. Effective Date. This ordinance becomes effective on January 1, 209911.
Passed by the City Council of the City of Richfield, Minnesota this 9th day of March,
2010.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
~~a
METROPOLITAN AREA CITY COUNCIL 2010. SALARY SURVEY
City
Population 2009 Ann
Mayor ual Salary
Council 2010 Ann
Ma or ual Salary
Council
Apple Valley 48,832 $11,220 $ 8,028 $11,,220 $ 8,028
Blaine 54,927 13,637 10,003 13,637 10,003
Eden Prairie' 61,325 9,900 7,500 9,900 7,500
Edina 46,896 10,348 7,758. 10,348 7,758
Fridley 2 26,603 10,531 7,647 10,531 7,647
Golden. Valley 3 20,355 11,619 8,696 11,619. 8,696
Maple Grove 58,491 14,000 12,000 14,500 12,500
Minnetonka 51,519: 12,000 9,000 12,000 9,000
Richfield 33,969 9,688 7,520 9,979 7,746.
.Roseville 34,969 9,300 7,020 9,300 7,020
St. Louis Park4 44,569 12,417 7,165 $11,796 $6,807
Average Salary: $11,497 $8,482 $11,485 $8,496
NOTES:
In addition to salary, the Eden Prairie Mayor/Council are paid $35/day for attending special meetings of the Council
and other meetings involving City business, regardless of the length or number of meetings attended that day. Such
activities for which the Mayor/Council may qualify to be paid are limited to service as a representative of the City:
1.' At meetings of boards, committees, commissions, or other entities of the City, or of which the City is a
member, and which do not compensate attendees;
2. For appearances related to litigation;
3. For appearances to testify at the proceedings of other units of government;
4. For out-of-town travel directly related to City business.
5. For Council assignments to participate in scheduled meetings in support of City business.
Each person shall also be reimbursed for reasonable expenses incurred while attending to business of the City.
-The Eden Prairie Mayor/Council are also paid $60/month ($720/year) in recognition of costs incurred by them for
technological communications facilities. or equipment (packets are sent electronically).
The Fridley Council Member at Large received $8,650 in 2009 (no increase in 2010). Council Members receive the
same health, dental, and life insurance contributions and plans as non-union employees.
s The Golden Valley Mayor/Council also receive $50 per meeting up to three meetings per month for special meetings,
i.e., Community Services or_Planning Commission.
a The St. Louis Park Mayor/Council salaries decreased by 5% for 2010. The Mayor/Council also serve on the
Economic Development Authority. The additional salary compensation in 2009 was $4,299. That amount remains
the same in 2010.
Updated: 2/17/10
AGENDA SECTION: RESOLDTION
AGENDA ITEM #
REPORT # 41
STAFF REPORT
CITY COUNCIL MEETING
MARCH 9, 2010
REPORT PREPARED BY:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
ITEM FOR COUNCIL CONSIDERATION:
Call a public hearing on April 27, 2010 for the:
1. Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area;
2. Proposed establishment of the 2010-1 Housing Tax Increment Financing District; relating to
the development of a 90-unit market rate housing development with an affordable
component at 6401 Lvndale Avenue (Woodlake Plaza).
I. RECOMMENDED ACTION:
By Motion: Adopt a resolution calling for a public hearing on April 27,
2010 to consider:
1. Modification to the Redevelopment Plan for the Richfield
Redevelopment Project Area;
2. Proposed establishment of the 2010-1 Housing Tax Increment
Financing District; relating to the development of a 90-unit market
rate housing development with an affordable component at 6401
Lvndale Avenue (Woodlake P
II. BACKGROUND
On October 22, 2009 and January 26, 2010, Michael Development presented their
proposal for the redevelopment of the property at 6401 Lyndale Avenue (Woodlake Plaza)
at City Council Study Sessions. They have also presented their proposal to the Richfield
Housing and Redevelopment Authority on two occasions. This proposal calls for the
JOHN STARK, COMMUNITY
DEVELOPMENT DIRECTOR
rt NAME. TITLE
construction of 90 units of upscale market rate housing with an affordable housing
component.
Currently, Woodlake Plaza contains approximately 25,000 square feet of retail space and
contains tenants such as the Donut Connection, Golden Tan, and Metropolitan Financial
Mortgage Company as well as a number of vacant spaces. In recent years, however,
occupancy and rental incomes have not been adequate to render this as a feasible retail
development. The developers, who also own the existing development, have worked with
market analysts to identify the most attractive use as market-rate rental housing with an
affordable component.
The developers have created a concept plan for market-rate rental housing with 20-40%
affordable units on the current site plus the inclusion of a small HRA-owned property that
immediately abuts the Woodlake Plaza center. Their initial financial analysis, however,
identifies a funding gap for the project. In order to fill the gap, the developers will be
requesting Tax Increment Financing (TIF) for the project in addition to their infusing more
of their own equity than is customary in a development project.
In 2009 the existing development paid $21,400 in City property taxes; this was a 3%
reduction from the City taxes it paid in 2008. If the project were established as a TIF
District, its market value would be "frozen" at its current $2.3 million value. The tax class
rate, however, would change from commercial to housing -which results in a reduced
taxation. The resulting projected City tax revenue, therefore, would be $14,080 once the
construction was complete. This represents a $7,320 decrease in annual City property tax
revenues. If the project were constructed, however, the fiscal benefits over and above
property tax revenues would include: $8,288 of TIF revenues to the HRA for
administrative funding, approximately $30,000 in building permit fees and the potential to
elevate neighboring property values which would result in increased taxation of those
properties.
The developer is seeking up to $822,000 in TIF funds. Their financial documentation
shows that this amount of assistance is necessary in order to provide the "debt service
coverage" needed to secure financing for the project. As a comparison, the Oaks on
Pleasant development (which is the only other non-age-restricted rental development that
has been developed in Richfield in the past 25 years) received a portion of the $10 million
in TIF that was approved for the entire Urban Village development (which also includes the
Wood Lake Centre office/retail development, the Pines senior housing development, a
parking ramp and a McDonald's restaurant).
Calling the public hearing in no way commits the City Council to approve the establishment
of the TIF District. The decision whether or not to approve the TIF District can be made
only after the Council has had an opportunity to fully consider the matter with public input
at the public hearing.
If the call for a Public Hearing is approved, the next steps would be:
a) To inform the county, school district and other taxing jurisdictions of the proposed
TIF District and give them an opportunity to comment; and,
b) For the Planning Commission to determine whether the establishment of such a
district would be consistent with Richfield's Comprehensive Plan on March 29; and,
c) For the HRA to consider modifications to the Richfield Redevelopment Project Area;
and Establishment of the 2010-1 Housing TIF District on April 19; and finally,
d) The holding of a public hearing by the City Council on April 27, 2010.
III. BASIS OF RECOMMENDATION
A. POLICY
• A public hearing is required for the modification of the Richfield
Redevelopment Project Area and for the creation of a TIF District.
• The City Council is the body that must hold a public hearing to
consider approval of the proposed modifications to a redevelopment
plan and establishment of a TIF District.
B. CRITICAL TIMING ISSUES
• The HRA is scheduled to consider a resolution recommending that the
City Council call for this Public Hearing at their March 8 Special
Meeting.
• State Statute requires that the County, School Districts and other
affected taxing jurisdictions receive notice of the proposed Tax
Increment Plan and other information on fiscal impacts related to the
modification/establishment of a Redevelopment Project Area and/or
TIF District at least 30 days prior to that hearing.
• The Planning Commission must determine whether the establishment
of such a district would be consistent with Richfield's Comprehensive
Plan; this is tentatively scheduled for the March 30 Planning
Commission meeting.
• The Richfield HRA is scheduled to consider the proposed
modifications to the Richfield Redevelopment Project Area and the
establishment of the 2010-1 Housing Tax Increment Financing District
at its April 19, 2010 meeting.
• The timing of this consideration would allow for the prospective
developers to maintain their tentative construction schedule (if the
project is ultimately approved) and would also allow them to either
begin lease terminations and/or negotiations (depending on whether
or not the project goes forward) with their existing tenants at an
opportune time in lease agreement periods.
C. FINANCIAL
• In 2009 the existing development paid $21,400 in City property taxes;
this was a 3% reduction from the City taxes it paid in 2008.
• If the project were established as a TIF District, its market value would
be "frozen" at its current $2.3 million value. The tax class rate,
however, would change from commercial to housing -which results in
a reduced taxation. The resulting projected City tax revenue,
therefore, would be $14,080 once the construction was complete.
• This represents a $7,320 decrease in annual City property tax
revenues.
• If the project were constructed, however, the fiscal benefits over and
above property tax revenues would include: $8,288 of TIF revenues
to the HRA for administrative funding, approximately $30,000 in
building permit fees and the potential to elevate neighboring property
values which would result in increased taxation of those properties.
• The TIF that the developer is seeking is up to $822,000.
• Their financial documentation shows that this amount of assistance is
necessary in order to provide the "debt service coverage" needed to
secure financing for the project.
D. LEGAL
• The Resolution being considered was reviewed by the City's legal
counsel.
E. ENVIRONMENTAL CONSIDERATIONS
• The proposed housing is anticipated to have a relatively high use of
transit, bicycle and pedestrian modes of travel.
IV. ALTERNATIVE RECOMMENDATION(S~
• Delay the Call for a Public Hearing to a later City Council meeting in order to
seek further information.
• Do not adopt the attached Resolution.
• Adopt the attached Resolution with modifications that meet the desires or
concerns of City Council members.
V. ATTACHMENTS
• Resolution
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Terry McNellis and/or Michael Swenson of Michael Development.
~,i
RESOLUTION NO.
RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON
THE PROPOSED ADOPTION OF A MODIFICATION TO THE REDEVELOPMENT
PLAN FOR RICHFIELD REDEVELOPMENT PROJECT AREA; AND THE
PROPOSED ESTABLISHMENT OF THE 2010-1 HOUSING TAX INCREMENT
FINANCING DISTRICT, AND THE ADOPTION OF A TAX INCREMENT
FINANCING PLAN THEREFORE
BE IT RESOLVED by the City Council (the "Council") for the City of Richfield, Minnesota
(the "City"), as follows:
Section 1. Public Hearing. This Council shall meet on April 27, 2010, at approximately
7:00 P.M., to hold a public hearing on the proposed adoption of a Modification to the
Redevelopment Plan for the Richfield Redevelopment Project Area, the proposed establishment of
2010-1 Housing Tax Increment Financing Districts (housing district), and the proposed adoption of
a Tax Increment Financing Plan therefore, referred to collectively herein as the "Modifications and
TIF Plan", all pursuant to and in accordance with Minnesota Statutes, Sections 469.001 to
469.047, and Sections 469.174 through 469.179, inclusive, as amended, in an effort to encourage
the development and redevelopment of certain designated areas within the City; and
Section 2. Notice of Public Hearing, Filing of Modifications and TIF Plans. City staff is
authorized and directed to work with Ehlers & Associates, Inc., to prepare the Modifications and
TIF Plan and to forward documents to the appropriate taxing jurisdictions including Hennepin
County and Independent School District No. 280. The Community Development Director is
authorized and directed to cause notice of the hearing, together with an appropriate map of the
project area and the Housing TIF District as required by law, to be published at least once in the
official newspaper of the City not later than 10, nor more than 30, days prior to April 27, 2010, and
to place a copy of the Modifications and TIF Plans on file in the Community Development Director's
office at City Hall and to make such copy available for inspection by the public.
Dated: March 9, 2010
Adopted:
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
AGENDA SECTION: OTHER BIISINESS
AGENDA ITEM # 7
REPORT #. ~FZ
~J STAFF REPORT
CITY COUNCIL MEETING
MARCII 9, 2010
REPORT PREPARED BY:
DEPARTMENT DIRECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
SIGNATURE
ITEM FOR COUNCIL CONSIDERATION:
Consideration of railing selection for the Portland Avenue Bridge over Trunk Highway 62 as
part. of the Minnesota Department of Transportation (Mn/DOT rehabilitation project.
I. RECOMMENDED ACTION:
By Motion: Select a railing type to be installed on the Portland
Avenue Bridge over Trunk Highway 62 as part. of Mn/DOT's 2010
rehabilitation project.
II. BACKGROUND
Mn/DOT will.be rehabilitating the Portland Avenue Bridge over T.H. 62 in 2010 as
part of the Crosstown Reconstruction Project. Rehabilitation of the bridge will
postpone the structural need for total replacement until 2050. An element included
in the rehabilitation is the replacement of the pedestrian railing on both sides of the
bridge.. The current railing is a chain link fence.
Staff has selected two upgraded railing styles for Council consideration (photos
attached). These options include:
1. Mn/DOT Standard T-3 Railing - a picket style railing with vinyl clad chain link
attached to the non-traffic side of the railing. (no cost)
2. Highway 62 Corridor Railing - an upgraded railing style used at the Hiawatha
Bridge over TH 62. ($14,000 - $20,000)
JEFF PEARSON, TRANSPORTATION
ENGINEER
NAME, TITLE
~~ ~~~
030910PortlandAvenueBridgeUpgrades
3: I-494 /Richfield Project Railing = an upgraded railing style used on both the
Penn Avenue and Lyndale Avenue Bridges over I-494. ($14,000 - $20,000)
4. Upgrade the railing to a different alternative style.
The cost to upgrade the railing from Mn/DOT"s standard style is estimated at $30 to
$40 per linear-foot, This equates to approximately $14,000 to $20,000 total for the
bridge. The upgrade cost would be the City's responsibility and could be funded
using the Municipal State Aid (Gas Tax) Account.
Mn/DOT has also expressed the need for rehabilitation of the Nicollet Avenue
Bridge over I-494 and the Penn Avenue Bridge over T.H. 62. The City would likely
be responsible for the cost to upgrade the railings on those bridges at that time if a
consistent design theme is desired.
III. BASIS OF RECOMMENDATION
A. POLICY
• The Municipal State Aid Rules allow for u.p to 5% of the City's annual
allotment to be used on aesthetic features. For Richfield that limit is
approximately $35,000 per year.
B. CRITICAL TIMING ISSUES
• Mn/DOT is requesting that the City respond within a short period of
time if an upgrade is required so it can be included in the project
plans.
C. FINANCIAL
• There is no cost to the City to use Mn/DOT standard railing.
• The cost for an upgraded railing is estimated to be from $14,000 to
$20,000. This could be funded using Municipal State Aid (Gas Tax)
funds.
D. LEGAL
• The City Attorney will be available to answer questions.
E. ENVIRONMENTAL CONSIDERATIONS
• None.
ALTERNATIVE RECOMMENDATION(S)
• Do not approve an upgrade and use Mn/DOT's Standard Railing.
• Approve the upgrade to the Highway 62 Corridor Railing Style.
• Approve the upgrade to the I-494 /Richfield Project Railing Style.
• Request additional styles to consider at the March 23, .2010 Council meeting.
V . ATTACHMENTS ~
• Railing Styles Graphic
~ VI. PRINCIPAL PARTIES EXPECTED AT MEETING ~
• None
~-I
h~1it,C?~;•T .'~an~:~~~rd Tom} F:ailir7~~
.~ ~••,_ ~ ..T
Hi~~-ti~ath.~ .~ti~eun~ oti~er T.H. B2 _.
1~
AGENDA SECTION: pTAI?R BiISTNRSS
AGENDA ITEM # g
REPORT # b~
~- STAFF REPORT
CITY COUNCIL MEETING
MARCH 9, 2010
REPORT PREPARED BY:
DEPARTMENT DIIZECTOR
REVIEW:
REVIEWED BY CITY
MANAGER:
.-~
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the purchase of equipment and chemicals for City staff to initiate a tree
injection program at Augsburg Park.
RECOMMENDED ACTION:
By Motion: Approve the purchase of injection equipment and
chemicals from JRK Seed for approximately $21,000 to prevent the
spread of an oak tree disease (Two Lined Chestnut Borer) in
Auasbura Park.
II. BACKGROUND
Park Maintenance staff is preparing to start an injection program to prevent the
spread of Two Lined Chestnut Borer in Augsburg Park. Initially, the disease
affecting the oak trees was thought to be Oak Wilt. It has now been positively
identified as Two Lined Chestnut Borer.
Fall 2009
In the fall of 2009, the tree disease Oak Wilt was thought to be affecting the oak
trees in Augsburg Park. In order to isolate the disease, a root barrier was trenched
around the infected trees to prevent the spread of the disease.
Winter 2009-2010
Further investigation and testing revealed that the disease that was attacking the
oak trees was Two Lined Chestnut Borer. We have since removed 17 oak trees
MARK HALL, OPERATIONS
MANAGER - FLEET& PARKS
NAME, TITLE
~ ~n9 ~
03092010Augsburgfark
from Augsburg Park. At this -time there are approximately 304 oak trees in Augsburg
Park.
Spring 2010
The cost estimate for a tree. injection program to prevent the spread of Two Lined
Chestnut Borer is approximately $21,000. This includes injection equipment,
chemicals and the cost of labor provided by staff.
Listed below are the two quotes that staff obtained from contractors to complete the
injections, including materials & labor.
• $52,000.00 from Rainbow Tree Care
• $66,778.69 from Tree Protection, LLC
Injection treatments of the trees are effective for two years. This type of treatment
will be part of a program that will be on going. It is possible that the trees will need
to be injected three times, prolonging the effort to six years.
Public Relations Plan:
• Entrances to Augsburg Park will be signed to inform the Public of the
treatment taking place.
• The City Website will be used to inform the Public of the treatment process.
• Invite the Sun Current to inform the Public through an article in their
publication.
III. BASIS OF RECOMMENDATION
A. POLICY
• Since the estimated cost of the work was less than $100,000.00, the
formal bidding process was not required and the City can contract by
obtaining quotations
• Two quotations were obtained by contractors. Both were higher than
the cost of purchasing the equipment and chemicals and cost of labor
provided by staff
B. CRITICAL. TIMING ISSUES
• These treatment methods have been- proven effective in eliminating
the need for removal and prevent the spread of disease to otherwise
healthy trees.
• A decision needs to be reached by March 23, 2010, in order to start
treating the oak trees for optimum results.
C. FINANCIAL
• Staff is recommending that the funding for this project will come from
Franchise Fees.
If Council recommends using the General Fund, other City services
would have to be reduced to balance the 2010 budget.
D. LEGAL
• When the purchase of materials, merchandise, equipment, or
construction exceeds $25,000, authority to purchase shall be
submitted to the City Council for consideration.
E. ENVIRONMENTAL CONSIDERATIONS
• Treatment of these trees is critical to maintaining the overall aesthetics
of the park.
• This chemical kills other insects that ingest tree parts, in addition to
the Two Lined Chestnut Borer.
IV. ALTERNATNE RECOMMENDATION~S~
• Hire a contractor to inject the trees.
V. ATTACHMENTS
• None
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• None
AGENDA SECTION: OTHER BIISINESS
AGENDA ITEM # 9
REPORT # 44
~~ STAFF REPORT
CITY COUNCIL MEETING
MARCH 9, 2010
REPORT PREPARED BY:. CHRIS LINK, OPERATIONS MANAGER
STREET/FORESTRY
NAME, TITZE
DEPARTMENT DIItECTOR
REVIEW:
SIGNATURE
REVIEWED BY CITY 1
MANAGER: D /~tJ`
II ITEM FOR COUNCIL CONSIDERATION: II
Consideration of a resolution adopting the Emerald Ash Borer Removal/Treatment policy.
I. RECOMMENDED ACTION:
By Motion: Approve resolution adopting an Emerald Ash Borer
Removal/Treatment polic .
II. BACKGROUND
Emerald Ash Borer (EAB) is an introduced tree pest that has caused extreme
devastation to ash trees throughout the country. EAB originated in Michigan in
early 2002. Research shows that once an infestation occurs, all ash trees in the
area will die within five to seven years. A completed boulevard tree inventory
shows 3,254 ash trees are susceptible to Emerald Ash Borer.. Staff is proposing the
following options for managing this inevitable infestation:
Option 1: Removal after infestation
As an infestation occurs City staff would remove boulevard ash trees as they die.
Contractors and City staff would remove these trees as they became hazardous.
Staff estimates $1.3M to $2.3 M to remove all ash trees based on a range of $400
to $700 to remove the tree, grind the stump and restore the lawn.
Option 2: Remove before infestation/Replace
To stay ahead of an infestation, City staff and/or contractors would remove healthy
ash trees and replace them with different varieties. Staff estimates a
030910EABPolicy
remove/replace option would cost $2M to $3M based on $200 per replacement tree
added to the removal costs from Option 1. If we were to start soon the cost could be
spread over five or more years.
Option 3: Remove/Replace/Treat before/during infestation
In order to stay ahead of the infestation all ash trees would be rated on a scale
determined by the Community Services Commission based on overall health and
size of tree. Trees that have a poor rating would be removed. All removed trees
could be replaced with a variety of trees.
Ash trees with a good rating would be candidates for injection treatments. If a
three-year program is initiated City staff could perform these duties. It is anticipated
that treating 1,000 trees per year would cost approximately $50,000 for chemicals
and supplies. Staff expects to use afull-time Public Works Worker and a seasonal
employee for 6-10 weeks depending on weather.
Option 4: Remove/Do Not Replace Trees
In an attempt to reduce the burden on the General Fund, when trees are removed
no replacement trees would be provided. A program could be initiated where
residents could buy trees from the City and then plant it on their property, or on the
boulevard by permit with the property responsible for the tree. Removal costs would
remain a City cost as in Option 1.
Option 5: Delay decision
The City Council may want to consider delaying the decision until the 2010 budget
is settled and better information about inoculation is available. Based on information
from the DNR and the Department of Agriculture, Staff believes that the infestation
is either already in Richfield or will be here in the next year or two.
Funding Options
1. Franchise Fees
For the past several years Franchise fees have been used to buy
replacement boulevard trees ($25,000 in 2009). In February of 2009 the City
Council directed staff to use $62,000 in Franchise Fees to remove. DED
infested trees that were marked in 2008 and another $99,000 to remove
DED infested trees marked before July 15, 2009.
2. General Fund
The General Fund pays for routine forestry services trimming, some tree
removal (summer removal conflicts with planting and street repair
schedules), stump removal, tree replacement labor and lawn restoration.
The 2010 Budget approved by the City Council in December does not
provide for this treatment.
Staff Recommendation
Staff is recommending "Option 3 -Remove/Replace/Treat" for the following
reasons:
• It is consistent with the aggressive approach adopted by the City Council last
year with the Dutch Elm Disease trees.
• It is a financially manageable approach because the $1.3 M to $2.3 M cost to
remove the trees is stretched out over a number of years and it may be
avoided altogether.
• Recent studies show four-year intervals between treatments may be
effective.
• After peak pest pressure is over, intervals of treatment may increase.
Options 1, 2 & 3 would be added services that existing Staff does not have time to
accomplish. Some summer seasonal staff could be hired to help inoculate. The City
is still working with Dutch Elm Disease (DED). The number of trees infected with
DED is unknown at this time. When known this number will help determine staff
time needed to manage both diseases.
Other Cities
Other cities have decided to chemically treat public ash trees. Attached is council
memo stating which cities are planning to chemically inject ash trees and the City of
Eagan's EAB Management Plan. -
Next Steps
When a policy has been approved by Council the following items will be addressed
at a future City Council Meeting.
• Quotes for chemical and supplies
• Funding
• Public Relations Plan
III. BASIS OF RECOMMENDATION
A. POLICY
• City Council direction for Forestry policy will guide staff in making
operation changes.
• A timely decision will assist staff in budget preparation.
B. CRITICAL TIMING ISSUES
• A policy must be in place to proactively manage an EAB infestation.
There is no known EAB outbreak in Richfield' but there are known
outbreaks in both Minneapolis and St. Paul east of the Mississippi
River, EAB may be present in Richfield today as it is difficult to detect
EAB in its early stages.
• Injection treatments must occur in the late spring and early summer
months to be effective.
• The decision could be delayed until the March 23~d Council Meeting.
C. FnvaNCIAL
• The City Council funded Summer DED tree removal in 2009 through
the initiation of a $.23 Increase in Franchise Fees. The cost for the
Summer 2009 DED removal will be recovered by November of 2010.
There will be additional Summer DED removal in 2010. The City
Council may to consider extending or adjusting the Franchise Fee
rates.
A Franchise Fee rate increase of $.12 or 6% would generate enough
money to pay for chemicals and supplies for EAB treatment.
If franchise fees are to be used to fund the project, the rate should be
adjusted as soon as possible to provide adequate cash flow to pay for
chemicals and supplies.
Adjusting franchise fees takes several months to implement
D. LEGAL
• The City Attorney has reviewed the attached resolution and policy.
• There are no legal issues known at this time that would affect
implementation of this policy.
E. ENVIRONMENTAL CONSIDERATIONS
• Diseased trees need to be removed to maintain a healthy and
attractive environment.
• The EAB insecticide affects some insects other than the Emerald Ash
Borer.
IV. ALTERNATIVE RECOMMENDATION~S~
• Council may chose Option f or Option 2, however, an alternative funding
source needs to be identified.
Option 4 may be implemented along with any of the other options.
Council may delay consideration of this matter to a future meeting..
V. ATTACHMENTS
• EAB Policy
• Resolution
• City of Eagan EAB Management Plan
• Council Memo No.17
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• .None
~~
Emerald Ash Borer Removal/Treatment Policy
City of Richfield
Introduction
The City of Richfield believes it is in the best interest of the resident for the City to assume
the basic responsibility for the removal, treatment, and detection of public trees infested
with Emerald Ash Borer (EAB). The City will provide these services in a safe and cost
effective manner, keeping in mind safety, budget, personnel, and environmental concerns.
The City will use City employees, and/or private contractors to provide these services.
Determination of Emerald Ash Borer
The City of Richfield Tree Inspector will determine trees that are infected with EAB. A tree
inspector must carry a tree inspector's license, which is distributed by the Minnesota
Department of Natural Resources. To become a licensed tree inspector one must pass a
test showing proficiency in diseased tree management, firewood identification, and shade
tree management, and attend annual recertification workshops.
Marking Trees for Removal
After a tree is determined to be infested with EAB, the City's Tree Inspector will mark the
tree for removal. The Tree Inspector will mark a boulevard tree with an orange dot and tag
with a specific number. For private trees, the Tree Inspector will mark the tree with an
orange stripe around the circumference of the tree and a numbered tag. All marks will be
placed at breast height.
Time Limits for Removal
No ash tree that has been deemed to be infested with EAB shall be removed within the
months of May through August. During this time EAB is most active and removal of trees
during this period may cause unintentional movement of the pest. All ash removals and
pruning shall be completed during the months of September through April.
Treatment/Prevention Options
Recent studies conducted by universities of Ohio State., Michigan State, Purdue,
Wisconsin, and Illinois have stated that chemically treating trees offer protection and
improve the health of a tree from the effects .EAB. Specifically the chemical emamectin
benzoate has shown to successfully protect and improve the health of a tree for up to three
years. City staff will advise residents of all types of treatment options. Injecting trees on
public and private property will only be performed by a state certified pesticide applicator.
~~~-
RESOLUTION NO.
RESOLUTION AUTHORIZING THE CITY OF RICHFIELD TO ADOPT THE FOLLOWING
POLICY FOR THE REMOVAL AND TREATMENT OF ASH TREES INFECTED WITH
EMERALD ASH BORER
WHEREAS, The Minnesota Department of Agriculture and Minnesota Department
of Natural Resources are the governing bodies for regulation of Emerald Ash Borer
detection and prevention; and
WHEREAS, Minnesota State Statute Chapter 18 allows cities to set time lines for
removal of diseased trees; and
WHEREAS, Richfield City Ordinance Section 910 provides for the control and
prevention of the spread of tree pests and diseases; and
WHEREAS, Richfield Community Services Commission serves as the City's Shade
Tree Commission as identified under the Tree City USA to program and has
recommended approval of commencing with injection treatment of ash trees; and
WHEREAS, The .City of Richfield has a very active forestry program. Forestry
activity includes trimming and planting of boulevard and park trees, identification and
removal of diseased trees, stump removal, and response to resident concerns regarding
problems with privately owned trees.
NOW, THEREFORE, BE IT RESOLVED, that the Richfield City Council hereby
adopts the attached policy for removal and treatment of ash trees affected by Emerald Ash
-Borer.
Adopted by the City Council of the City of Richfield, Minnesota this 9th day of
March, 2010.
Debbie Goettel, Mayor
ATTEST:
Nancy Gibbs, City Clerk
q ~3
a a
~~'
Clt~ Of ~~~l~Il Emerald Ash Borer Management Plan
In accordance with City of Eagan ordinance Sec. 10.20 and 10.21, the City of Eagan adopts this
emerald ash borer management plan to be administered by the supervisor of forestry through the
Parks and Recreation Department Forestry Division to address emerald ash borer insect infestations
on public and private ash trees in the City of Eagan.
Purpose:
The City shall utilize this plan to curtail emerald ash borer infestations and reduce any
negative environmental and economic impacts caused by emerald ash borer infestations to
help maintain the highest quality of life for Eagan's citizens and surrounding neighbors.
Background:
Emerald Ash Borer
The Emerald Ash Borer (EAB), Agrilus planipennis Fairmaire, was first discovered in
the United States in 2002 in southeastern Michigan. Scientists believe the Asian beetle was
accidentally brought to the U.S. in packaging materials at least a few years prior to 2002 and
the insect has since multiplied and infested various locations across many northern states
and Canadian provinces. EAB was discovered in Minnesota in May, 2009, located within
15 miles from Eagan in the St. Anthony Park neighborhood of St. Paul.
The emerald ash borer feeds and breeds primarily on trees in the Fraxinus genera,
commonly known as'ash trees, and the affect of these activities is fatal to such a host tree. In
the U.S. and Canada, the invasive and exotic emerald ash borer is responsible for the rapid
and early death of tens of millions of ash trees and threatens the existence of the remaining
billions of ash trees.
Ash Trees in the Ci ~ of Eagan
In Eagan, trees provide a sense of place, natural beauty, noise and weather shelter,
recreation, and a replenishable resource. Trees also help mitigate air and water pollution,
increase property values, and provide refuge and forage for wildlife. Trees are of
tremendous value to the community.
The number of ash trees on private property is unknown but estimates exceed tens of
thousands. The number of ash trees on public property is approximately as follows
according to a comprehensive park and boulevard tree inventory completed by the City's
Forestry Division in the late 1990's:
• 10% (776) of the park tree inventory (a total of 7,000) comprised of ash trees.
• 21 % (3,601) of the boulevard tree inventory (a total of 17,000) comprised of ash
trees.
• 18% (4,377) of the aggregate inventory (a total of 24,000) comprised of ash trees.
q.~l
Defmitions•
Infestation -The presence of the emerald ash borer or the existence of circumstances that
make it reasonable to believe that the ash borer is present.
Blvd tree -Any tree located on the designated City Right of Way. Most City residential
streets include a minimum of 60 feet of public right of way.. If a street is 32 feet wide
(City Standard), this means that approximately 12 to 13 feet behind the curb is designated
City Right of Way.
Quarantine Area - A formal declaration made by State and Federal Agencies pertaining to a
specifically bounded area by which movement of ash wood is restricted.
EAB preventative treatments -Application of pesticide chemicals onto or into an ash tree by
means of basal drench, trunk injection, or soil injection that are effective in preventing
emerald ash borer infestations in an individual tree.
Ash Tree Removal and Treatment:
• All publically owned ash trees shall either be removed or chemically treated with
pesticide to prevent EAB infestations.
o The City shall systematically reduce the number of ash trees on public land by
5% annually in order to reduce EAB potential food sources.
^ The City shall first remove poor to fair quality ash trees identified in the
tree inventory and at the discretion of the supervisor of forestry.
^ The City shall remove boulevard ash trees at citizen request and when
adequate resources are available.
o The City shall treat high quality ash trees identified in the tree inventory and at
the discretion of the supervisor of forestry.
o Replacement trees will be planted at the discretion of the supervisor of forestry.
• All privately owned ash trees are subject to inspections and any subsequent proceedings
in accordance with City ordinance 10.20 and 10.21, which may include required removal
of trees.
o Private property owners are encouraged to take preventative measures by either.
treating or removing their ash trees.
o Private property owners are not to plant ash trees on any lot or land parcel
Monitoring:
• The City shall constantly monitor for EAB on public and private. property.
• Citizens and visitors are encouraged to participate in monitoring for EAB in Eagan.
• The City shall cooperate with neighboring cities and land management agencies on EAB
monitoring.
• The City shall cooperate with the appropriate State and Federal agencies assigned to
EAB monitoring in Minnesota.
c,5
Ash Wood Utilization and Disposal:
• The City shall explore viable options for ash wood utilization.
• The City shall determine appropriate ash wood disposal methods in accordance with
State and Federal requirements.
• The City shall designate appropriate ash wood disposal sites to be in accordance with
State and Federal quarantine area declarations.
• The. City shall uphold and enforce ash wood movement restrictions as specified by State
and Federal quarantine area declarations.
• Private property owners shall obey any ash wood utilization, disposal, and movement
restrictions as specified by City, State and Federal requirements.
Communication:
• The City shall publicize EAB management information through means such as the City's
website, public meetings,. direct communications, mailings, literature, local newsletters
and newspapers, local television, and upon request.
• The City shall continually correspond and meet with its neighboring cities and land
management agencies on EAB management issues.
• The supervisor of forestry shall frequently correspond and meet with other City
department supervisors on the coordination of EAB management actions.
• The supervisor of forestry or tree inspector shall at least annually present EAB
management strategies and activities to the City Council and/or Parks Advisory
Commission.
Education:
• The City shall continually educate its staff on EAB management through training
programs, literature, written correspondence, and upon request.
• The City shall endeavor to educate its citizens on EAB management through means such
as the City's website, public meetings, direct communications, mailings, literature, local
newsletters and newspapers, local television, and upon request.
Canopy Replacement and Care:
• The City shall replace and care for publically owned trees at the discretion of the
supervisor of forestry.
• When replacing and planting public trees, the City shall utilize the 10-20-30 rule to
increase species diversity in Eagan. Therefore, the City endeavors to maintain a tree
inventory that comprises of no more than 10% of trees iri the same species, no more than
20% of trees in the same genus,- and no more than 30% of trees in the same family.
• When replacing and planting trees, private property owners are encouraged to utilize the
10-20-30 rule as a benchmark against which to measure the diversity of species on any
lot or land parcel.
~~
Budget:
• Administration
o The costs associated with administering and executing Eagan's EAB
management plan shall be included in the City's Forestry Division and other
involved departments' annual budget recommendations.
• Ash tree treatment
o The estimated cost for park ash tree EAB preventative treatments by City staff is:
^ An average of $6 annually per tree for basal drench.
^ An average of $55 bi- or tri-annually per tree for trunk injection.
o The estimated cost for boulevard ash tree EAB preventative treatments by a
contractor is:
^ An .average of $100 annually per tree .for soil injection.
^ An average of $220 bi- or tri-annually per tree for trunk injection.
^ ~ Basal drenching is not appropriate for most boulevard ash trees based
on their average size.
• Ash tree removal
o The estimated cost for individual boulevard tree removals by a contractor is
$500-$1500 per tree removal plus $100-$500 for stump grinding.
• Ash tree replacement
o The estimated cost for boulevard tree replacement by a contractor is $500 per
tree but costs vary depending on tree type, size and quantities purchased.
qi~
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
February 4, 2010
Council Memorandum No. 17
The Honorable Mayor
and
Members of the City Council
Subject: Emerald Ash Borer Preparedness Plan
Council Members:
At the January 12 Special Council Worksession staff presented material regarding an
Emerald Ash Borer (EAB) Preparedness Plan. During the presentation Council asked two
questions:
1. What other cities are injecting ash trees?
2. What are the impacts on treated boulevard trees if private trees are not treated?
Question 1 -Other Cities Injecting
Out-of-state cities that are currently injecting ash trees are:
• Chicago, IL
• Milwaukee, WI
• Toledo, OH
• Fort Wayne, IN
Cities in Minnesota that are planning to begun an injection program are:
• Oakdale
• Eagan
• Cottage Grove
• New Brighton
Cities that are contemplating injection:
• Lino Lakes
• St Louis Park
Question 2 -Private Tree Impacts on Treated Boulevard Trees
Treated boulevard trees will be protected even if nothing has been done to private trees.
The proposed chemical has been tested next to trees that have had no chemical treatment
and has shown effective protection for up to three years. Protective chemical treatment of
boulevard trees would give the City the option of prolonging (or managing) the removal of
ash trees, rather than being forced to remove all ash trees within five to seven years.
y' .8'
Staff will be preparing a draft Emerald Ash Borer Preparedness Policy/Plan and will be
seeking guidance from City Council at an upcoming meeting.
Respectfully submitted,
Steven L. Devich
City Manager
SLD:cak
Email: Department Directors
Assistant to the City Manager